ff 



LIBRARY OFCONGRESS! 



i^TED STATES OP AMERICA. 

'" "annot be (akca from (lie Libnirv. 



23(1 Congress, I" Doc. No. 77. 1 Ho. of Rjeps- 

1st Session. '- Executive. 



BOUNDARY BETWEEN GEORGIA AND FLORIDA. 

[To accompany bill H. R. No. 270.] 



MESSAGE 

FHOM TUK 

PRESIDENT OF THE UNITED STATES, 



TRAXSHITTIN'G 



TTie information required by a resolution of the House of Representa- 
tives of the Idth instant^ in relation to the boundary line between 
the State oj Georgia and the Territory of Florida. 



Decembxh 29, 1831. — Read, and referred to the Committee on the Judiciary, 
FKBnuART 4, 1334. — Reprinted by order of the House of Represenbitives, 



Wa.shixgtox, December 29, 1831. 

Ill compliance with the i-osolutiou of t!ic H'nisc of Representatives of 
the 19lh if.stant, requesting tiie President of the United States to communi- 
cate to it '• the correspondence hetweeh the Goveinor of (leorgiiv and' 
any department of this Government, in the years 1830 ami 1831, in rela- 
tion to the houn(hu-y line between the Stale of Gecn-gia and tlie Territory 
of Florida,*' I transniit herewith a ccnnmnnication from the Secretary ofi 
State, withcoj)ies of the papers referred to. 

It is^)r(^pe^ to add, as tlje letter ami resolutions on this snhject, iY(>n\ 
the Goverm>r and Legislature of Georgia, werr recei\ed after the ad- 
journment of the last Congress, and as tiiat hody, after having the samesnh- 
Ject under consideration, had failed to autliorize the President to taki> any . 
steps in iclation to it, that it was my intention to present it, in due time,*, 
to the attention of the present C'ongress by a special message^. This dc-^ 
tcrmiir.ition has heen hastened hy the call of the House for t!ie informa- 
tion now communicated : and it only remains for me to await the action 
of Congress iii)on the subject. 

ANDREW JACKSON. 



Department of State, 

tVashington, December 2S, 1831. 

The Secretary of State, to whom has heen roferred, hy the President, a 
resolution of the House of Representatives of the 19th of this mouthy 



2 [ Doc. No. 77. J -y^ 

requesting the President to funiisli that Hou.se with a copy of any corre- 
spondence which may have taken ph»ce in the year 1830 or 1831, between 
the Executive of Georgia and any dei)artincnt of this Government, rela- 
tive to the boundai-y line hetvveen tlie State of Georgia and the 'J'eiritory 
of Forida, has the honor to transmit, herewith, to the President, the copy 
of a letter under dateufthe^Sd of March. 1831, from tlie Governor of 
Georgia, a(hlrcsse(l to the President himself, upon the suhject in ([iiestion, 
together with a copy of the resolution of the Assembly of Georgia therein 
referred to ; whicli letter and resolution were deposited, by order of the 
President, in this department. 

Thatcon»municati(m comprehends all the correspondence within the 
purview of the resolution of the House of Representatives, which is to be 
found in this office ; but a)i indistinct jecollection is nevertheless enter- 
tained here, that the letter of the Governor of Georgia was answered by 
the President, though it does not appear that a copy of his letter was 
kept. 

Respectfully submitted. 

EDW. LIVINGSTON. 



Executive Department, Georgia, 

JliUedgeviUe, Mwch 22, 1831. 

Silt: Congress having failed, at its last session, to make provision for 
running the dividing line between Georgia and Florida, the Legislature of 
this State has directed me to cause that line to be run by commissioners 
ap|)ointed foi- tiiat purpose. 

The President is informed that commissioners have accordingly been 
appointed, ami received instructions to meet at the town of St. Mary*s 
on the 1st of May next, and to [)roceed, without delay, to run and plainly 
mark the line from the junction of the Cliattahoochie and Flint rivers to 
the head of St. Mary's, agreeably to the treaty of 1795 between the United 
States and Spain. 

The opinions and motives of the Legislature which induced this pro- 
ceeding, are fully ex])lained to the Piesident in the repoi-t and lesolutions 
of that body, copies of whicli accompany this communication. Since 1827, 
when it was first discovered that the jilace fixed upon by Ellicott and 
Minor did not truly represent the head of the St. Mary's intended by the 
treaty of 1795, the State of Georgia has been continually urging u|)on the 
Government of the United States the propriety of causijig such an exam- 
ination and survey to be made, as would terminate the uncertainty as to 
the place which ought to be so considered. 

The State does not desire the acquisition of any territoiy, a>nl claims 
none but what is believed to be secured to it by the highest evidence of 
title. The obligation, tlierefore, is imperative upon those who administer 
the Government of the State, to jirescrve its territoi-y inviolate. The 
boundary described iu its constitution is the same, from the junction of the 
Cliattahoochie and Flint rivers to the St. Mary's, as that whicli formed 
its dividing line from East Florida when Georgia was a colony of Great 
Britain. By the proclamation of the King of Great Britain, in 1763, 
forming the Governments of East and West Florida, and extending tho 



[ Doc. No. 77 ] ^ 

soutliern boundary of Georgia, that line was tiescribcd as running from the 
junction of the Chattahoochie and Flint rivers to the source of the St. 
Mary's. By the commission granted to Governor Wright, in 1764, the 
same line is described as extending to the southei-nmost stream of the St. 
Mary's. By the definitive treaty of j)eace of 1783, Great Britain ceded to 
Georgia as an independent State, and as one of (lie parties to that treaty, 
all the territory which belonged to it when it ceased to be a colony. The 
line in question was described in tiiat treaty as running from the junction 
of the Chattahoochie and Flint rivers, straight, to the head of the St. Mary's. 
By the term head of tiie St. Mary's, as used in that treaty, was understood 
the same place which was described iti the proclamation of 1763, and in 
the commission to Govei-nor Wright, in 1764, as the source or most south- 
ern stream of the St. Mary's. Tiie same must be intended to have been 
meant by the term the head of the St. Mary's in the treaty of 1795, be- 
cause it corresponds exactly with the description of the same place in the 
treaty of 1 783, and because, altliough there weredisj)utes between the United 
States and Spain, and the United States and Georgia, as to the boundary 
line between that State and West Florida, none are believed to have ex- 
isted as to the line between Geoi-gia and East Florida. If, therefore, the 
place fixed upon by Ellicott and Minor does not truly represent the head 
of the St. Mary's, surely the United States ought not to insist upon its 
being so considered, especially since Florida has become a part of its own 
territory. 

In communicating to the President, by the request of the Legislature, 
*he appointment of commissioners, and the time when they arc instructed 
!o proceed to run the line from the junction of the Chattahoochie and the 
Flint rivers to the head of the St. Mary's, I have thought it my duty to 
present this brief justification of the course which has been pursued by the 
State in ascertaining the extent of her territorial rights. 

Very respectfully, yours, 

(iEORGE R. GILMER. 

To the President of the United States. 



Tlie Committee on the state of the Republic, to which was referred that 
part of the Governor''s message which relates to the boundary line 
betiveen the State of Georgia and the Territory of Florida, with the 
accompanying documents, have had the same under consideration, and 
report : 

That the deep interest which Georgia has in the question of the final 
and satisfactory settlement of her boundaries, is such as t<» impose on her 
constituted authorities the duty of prosecuting the subject to some final 
termination. And at this time your committee believe that the consti- 
tuted authorities of this State would be liable to the charge of dereliction 
of duty to her citizens, were they to permit the boundary which separates 
Georgia from the Territory of Florida, from the junction of the Flint and 
Chattahoochie rivers, thence to the head of the St. Mary's river, to re- 
main, as it now does, unascertained, and not lun and marked. 

Your committee, in again presenting a condensed view of the subject re- 
ferred to their consideration, will pur[)osely be very biief, as the merits 
of the question have been so often presented to the Federal Government, 



4 [ Doc. No. 77. ] 

and ])articulafly in the report and resolutions agreed to by the General 
Asscnjbly of this State, on the I6tii day of December, 1828, which your 
committee beg may be referred to, as presenting most of the evidences and 
facts on which Georgia claims a firial settlement of the boundary line be- 
tween this State and the TeiJ-itory of Florida. 

By referring to the charter «)f Georgia, which was granted in the year 
1732 to certain jycrsons, ami its siirremier to the King of Great Britain 
in the year 1752 by the trustees, and the ])roclamation ot 1763, esta- 
blishing the Government of East and West Florida, and extending the 
southern boundary of Geoi'gia, and the connnission of Governor Wright, 
at which time both Georgia and Florida were British colonies or pro- 
vinces, dated the 20th day (d* January, 1764. the only legitimate infer- 
ence from each of the recited e\ idenccs is, that the southern line of Geor- 
gia was to run from the most southern stream of a river St. Mary's, and 
westward from thence, and consequently leaving the whole of the head 
waters of that rivej* within the boundary of (icoi'gia; and every other 
public document which relates to the said houndary, citiier as a Iniundary 
line of the United States or (he State of Georgia, is in palpable accord- 
ance with this coticlusion, until the year 1800. 

In the year 1795, the Govennnent of the United Slates and Sj)ain con- 
cluded a treaty, bv the second article of which it was agreed that a line 
should begin from a point at the junction of the B'lint and Chattaiioochie 
rivers, atid to run from thence to tlie head of tlie St. Mary's river. Un- 
<Ier the provisions of said treaty, commissionei-s were to be appointed to 
run and plainly mark said line, and coujmissioners were accordingly ap- 
pointed ; and in the year 1800, Mr. Ellicott. the commissioner on the 
part of the United States, and the commissiojier on the part of Spain, met, 
and at(em|)ted to run and nnirk tlie said line, from the junction of the 
Flint and Ciiattahoochie liveis to the head of the St. Mary's, but, from 
causes which it is now necessary to state in detail, the line was not run, 
but the commissioners fixed on a spot near a branch of the river St. 
Mary's, and erected a mound, and agreed that the mound so erected by 
them near the ()kefeiu»kee swamp should be taken as the true head of the 
St. Mary's river, and tiiat a line sjionid be run fioni the junction of the 
Flint and Ciiattahoochie rivers to said mound, and that it should be taken 
as the true line ; jiro* ided, if said line did not pass within one mile north 
of said mound, it should be ("orrect to cai'sy it to that distance. 

Your cotnmittee, after haxing recited some of the evidences on which 
Georgia claims that the boundary line between this and the Territory of 
Florida had not been eitlier finally or satisfactorily settled, take leave to 
state that, until the year 1819, veiy little was known of the section of 
country about the head of St. Mary's livei-. The Okefenokee swamp, in 
wliich it has its head, anterior to that time was an almost im[)enetrablc 
wilderiu'ss, and was very little known to civilized man, and the explora- 
tions made by the authoiity of the Legislature of this State, in the year 
1818, were not intended to do more than to c«dlect information of a part 
of the lands and b:tundaiy liiu' of (u-ocLMa. But. since that time, the In- 
dian i-ight (if occupancy lias been extinguiHlied to all the lands in this 
State, from the iinirtion of the Flint and Clialtalioochie i-ivers to 
the brad (d" the St. Maiy's rivei-, and that se< tion of this State is 
now generally settled, and the country generally known. It is there- 
fore now believed that it will not be dilHcult or uncertain to ascer- 
tain the true head of the Sf. Mary's river. Your committee believe 



[ Doc. No. 77. ] 5 

the Lesiislatiirc \\i\\ not discharge a duty it owes to the good citi- 
zens of this State, without once more asking and requesting the Federal 
Government to co-operate in tliis desirable object, and have the said line 
run and plainly marl^ed. 

Your cotuMiittee have too much confidence in the authorities of the Gene- 
ral Govennnent, to indicate an opinion tlr.it the rights of Georgia are not 
attended to froni improper considerations. 

The reports made to Congiess by the Judiciary Committees to which the 
subject has been refei-red, one on tiie 21st <lay of Maich. 1828, and anotjjer 
on the 30th day of Januaiy, 1830, have been carefully examined by your 
-committee : but as the sai<l re|)orts do not contain any new evidences of the 
claim on which the United States maintain that the mound erected by Mr. 
Ellicott was truly and carefully placed at or near the head of the St. 
Mary's rivei-, they have considered it injproper, at this time, to make any 
examination of the conclusions ariived at by the arguments relied on in 
^said rejjorts. 

In conclusion, your committee are satisfied that it is their duty to state, 
that if the question of the settlement of boundary between Georgia and the 
Territory of Florida is not fully and finally settled under the provisions of 
the resolutions which ai'e attached to this report, no further attempts should 
be made by this State in the way now souglit to effect the desirable object, 
but that the question ought to be carried foi' decision befoi-e the j)roper 
judicial tribunal ; and to effect the objects embi-aced in this report, your 
committee recommend the adoj)tion of tlie following resolutions : 

Resolved. That it is the oj)i)iion of this Legislature that the dividing line 
between Geoi-gia and Florida ought to be lun from the junctioji of the Flint 
and Chattahoochie rivei-s to the head of the most soutliern branch, or head 
of the St. Mary's rivei-, and tliat the said line ought to be marked without 
more or further delay. 

Resolved, That Congress be earnestly requested, as an act of justice, 
during its next session, to repeal, alter, or amend the act of the I4th of 
May, 18-26, which provided for the running of and maj-king 'he line di- 
viding Georgia from the Territoiy of Florida, and to make additional and 
suitable provisions for the appoijitment of commissioners on the i)artof the 
United States to join commissionei's on the part of Georgia, to iiin ajid 
])lainly mark the dividing line between this State and the Territory of 
Flori(la, agreeably to the second article of the treaty (d' the 2rth day of 
October, 1795, between the United States ami Spain. 

Resolved, That should commissioner's be a|)|)ointe<l on the part of the 
United States, during the next session of Congress, to meet commissioners 
on the part of this State, to i-un out and mark the dividing line between 
Geoi'gia and the Teri-itory of FN)rida, as soon as his Excellency the 
Governor shall or may be ollicially informed of the same, that he be, and 
is her-ebv, empowered ami requested toap|)oint, witiiout delay, a competent 
commissioner, artist, and surveyor, on t\w part of this State, to njeet the 
commissioners on the part of the United States : and that he open a cor- 
respomlence on the suljject with said commissioners on the part of the 
United States, I'equesting a meeting of the cmnmissioners on the j)art of 
this State and the Uniteil Stales, at the eailiest day con\enient, for the 
purpose of discharging the duties assigned them with the least possible 
delay. 

Resolved, That if the cf)mniissioners on the part of tlie United States and 
Georgia shall meet agreeably to the provisions of the preceding resolutions, 



6 [ Doc. No. 77. ] 

and shall fail to effect the object of their appointment, that it is desirable 
that they report and reconiniciid terms and conditions on wliich the said 
disputed an(l unsettled line ought to be fully and finally settled : if, there- 
fore, the Federal Govcrnnient .shall give authoi-ity to the commissioners 
appointed by said Government to make such recommendation to the said 
Government, that his Excellency the Governoi* be, and is hereby, requested" 
to give to the comminsioners on the part of Georgia instructions to join 
in such recommendation, if they should agiee that the same is just and 
proper. 

Resolved, That should Congress, at its ensuing session, refuse or neglect 
to make provision for running out and plainly marking said line, by the- 
appointment of a commissioner to meet the coinmissionei" who may be ap- 
pointed on the j)art of Georgia, that his Excellency the Governor be, and 
he is hereby, authorized and refiuested, as soon after the adjournment of 
the next session of Congress as may be consistent, to ap])oint two commis- 
sioners, and an artist, and surveyor, to meet, as eai-ly afier their appoint- 
ment as may be convenient, and rim out and plainly mark the said line 
dividing Georgia from the Territory of Florida, from the junction of the 
Flint and Chattahoochie livers to the head of the St. Mary's river, agree- 
ably to the second article of a treaty between the United States and Spain 
of the 22d day of October, 1795 ; and that his Excellency the Governor 
do, in such case, inform the President of the United States of the time at 
which the commissioners on the part of Georgia will proceed to run out and' 
plainly mark the said line. 

Read and agreed to, November 19, 1830. 

I'HOMAS STOCKS, 

President. 
Attest: John A. Cuthbeiit, Secretary. 

In the House of Representatives, read and concurred in. 

ASBURY HULL, Speaker. 
Attest : W. C. Dunson, Clerk. 
Approved : December 16, 1830. 

GEORGE R. GILMER, 

Governor, 



Williamson's Hotel, 

21s/ December^ 1829. 

Deau Siu : Though still detained in my room, I have made inrjiiiries 
respecting Mr. Kllicott's report : and, knowing that the map accompanying 
it could only have been wanted at tlie 'i'reasury, as connected w itii the 
j)uldic surveys adjacent to the line, my inijuiry was directed to the Land 
Office. 

Ml'. Robert King, who has been the draughtsman attached to that office 
ever since 1803. recollects perfectly well >lr. Ellicott's map of the linej. 
that it was deposited in the otlice, and that Mr. Freeman, who was once 
sui-veyor general of the public lands south of Tennessee, took a copy of it. 
The original remained in the office till the jear 1812, and for some time 
later, when Mr. Tiffin, Commissioner of the Land Ollice. lent it, for some 
public purpose, to the chairman of a committee of Congress, pi-obably & 
land committee. The map never was returned ; and, if ijuint, it was, to- 



[ Doc. No. 77. ] 



gether with the records of Congress, in the C.-ipitol. Yon may however 
inquire IVoni the clerks of the two Houses, as Mr. Tiffin was commissioner 
subse(|uent to the capture of Washington, and Mr. King (hies not recollect 
the precise date when the map was loaned by him. 
I beg leave to suggest — 

1. An apjjlication to Mr. Graham, tiiat a seaich may be made in his 
office for the report, which may possibly be there. 

2. A request that he will direct Mr. Freeman's successor to send back 
the cojjy of the map which he had taken. 

3. 'I'hat Mr. King's evidence may be perpetuated, as he is old and 
infirm. 

It is possible, tliough not probable, that when tiie maj), of which 1 have 
myself no recollection, was obtainetl from the Department of State for the 
purpose aforesaid, I took the re()ort home to read, and neglected to return 
it. I have lost none of my pa|)ers : and, on my return to New York, I 
will make a thorough search. If there, it must be bound, and have got 
mixed with pamphlets; for, as to public papers, they were, as such, all 
returned when I left Washington. 

Respectfully, your obedient servant, 

ALBERT GALLATIN. 
The Hon. Joseph M. White, 

of Florida, in Congress. 



General Land Office, 

J\Iarch 2, 1 830. 

Sir : In answer to your inquiry resj)ecting the map of t!ie line between 
the P'loridas and the United States, called Ellicott's line, I beg leave to 
observe, that, in the summer of 1802, Mr. Thomas Freeman (who was 
surveyor of that line with Mr. Ellicott) was employed to make a map 
exhibiting the country north of that line, for the use of the Treasury 
Department, whereon the line was accui-ately delineated as the basis for 
said map. I was frequently with him during the time he was employed 
on it, and, to the best of my recollection, he took it frcmi another which 
appeared to have been di-awn by him as surveyor, and which might have 
been the oi-iginal. All this was previous to my appointment as di-aughts- 
man, which was in Aj)ril, 1805. At that time, tin- map by Mr. Freeman 
was in the office, and remained ther*e until loaned by Mr. Tiffin to a com- 
mittee »)f Congress, or the commissioners appointed to settle the Yazoo 
claims, (I think the latter-,) and never* has been rctuined. 

I do not recollect that the original plat signed by the commissioner's 
appointed to r'un the line was ever on file with the maps belonging to the 
Gerrer*al Land Office, as the copy alluded to was all that could ever be 
wanted in this office. 

It is pi'oltable that a coj)y may be found at the to[)ogr'aphicaI brn-eau of 
the War Dejiar'tment. 

The journal of Mr-. Ellicott. I believe, was published in 1803, with the 
map, &c. and may be in the Congr-ess Libr-ar-y. 

I airr, sir*, your obedient ser-vant, 

ROBERT KING, 
DraughtsmaUf General Land Office. 

The Hon. Joseph M. WniTr'-, 

of Florida, House of Ilepresenlatives. 



« [ Doc. No. 77. J 

Makch 21, 1828. 

The Committee on the Judiciary^ to lohich ivas referred the message of 
the President of the 22d of January, 1828, transmitting copies of 
communications from the Governor of Georgia, relating to the line 
dividing that State Jrom the Territory of Florida, report : 

Tlie correspondence between the President and the Governor of Georgia, 
Ihu.s referred to the conunittee, ])resents the question. What is the correct 
i)oun(laiy between that State and the Territory of Fh)rida ? To enable the 
House to decide this question, the committee beg leave to present to their 
'Considcrati()n a condensed view of the evidence in relation to it. 

The charter of Caiolina to the h)rds proprietors, in 1663, extended 
southwardly to the river Matheo, now calU'd St. John's, supposed, in the 
charter, to be in latitude 31% and so west, in a direct line, as far as the 
South Sea. 

It apjjcars, by an extract from the charter of Georgia in 1732, that the 
Jioundaries were «» all tliose lands, couutiies. and territoi'ies, situate, lying, 
and i)eing in that part of South Carolina, in America, which lies fioni the 
rici-thern stieam of a river commonly called the Savannah, all along tiie 
seacoast to the southwai-d, unto tlie most southern stream of a certain other 
great water or river called tlie Altamalta, and westward from the heads 
of the said rivers, rcspecti\ely, in a dii'cct line, to the South Seas." Be- 
fore the <!ate of this charter to Georgia, by a second charter to Carolina, 
in 1667. its limits had been extended south and westwanl as far as the 
degree of twenty-nine, inclusive, of northern latitude. 'Jhe Govei-nment 
of Carolina having been, in its origin, a proprietary one, was, in 1729, 
surrendeied by seven out of eight of the pioprietors, and afterwards by 
the eighth, and then became a regal one: and the province was divided 
into the two Governments of North and Soutli Carolina. The order of 
Council making this division, and fixing tlie boundaries, is not accessible 
to the connnittoe, nor is it deemed material. 

'I'lie trustees of Geoigia, in 1752, surrendered the wiiole territory to 
the King, and the Government was afterwards entirely regal. 

The King, by a proclamation of the rth October, 1763, ainiexed to the 
province of Georgia all the lands lying between the rivers Altamaha and 
St. Mary's, and, by his commission to Goveinor Wright, of the 2()tli 
January, 1764, declares the boundaries to be on the noi'th by the most 
northern stream of a I'ivcr, tiierc commonly called Savannah, as far as 
the liead of said river, and from thence, westward, as far as our territ(»ries 
extend ; on the east by the seacoast, Irom said river Savannah to the 
most southern stieam ot a certain other rivei-, called St. Mary, including 
all islands within twenty leagues of the coast, lying between the rivers 
Savannah and St. Mary, as far as the head thereof; and from thence, 
westward, as far as our territories extend, by the north boundary line of 
our provinces of East and West Florida. 

Hy the treaty of peace, in 1783. I)etween the United States ami Gi'eat 
Britain, the southern boumlary of the United States is tlms described : 
'* Soutli, hy a line to be <Irawn (Uie east from the determination of the line 
last niciitioiied. in thelatittuh* of tliirty-one degrees north of the e(juator, 
to the middle of the river Appalachicola or Chattahoodiie ; thence, along 
the middle thereof, to :♦•; junction with the Flint rivei" ; thence, straight, 
(o the head of St. Mary's river ; and thence, down along the middle of 
St. Mary's river, to the Atlantic Ocean." 



[ Doc. No. 77. ] 9 

By the |)i'Oclamation of 1763, bi-l'oi-c referred to, tlic King liad declared 
that part of the northern b(Hiii(h»ry of East Florida, which is now the sub- 
ject of inrjuiry, to be as follows, viz. To tiie northward, by a line drawn 
from that part of said river (.Vppalachicola) where the Cliattahoochie atid 
Flint rivers meet, to the source of St. Mary's, and, by the course of tlie 
said river, to the Atlantic Ocean. Spain having obtained from Great Bri- 
tain a cession of the Floridas, witliout, as is believed, any description of 
limits, but with a knowledge of the provisional treaty of November, 17S2, 
and Jinder what were the boundaries of those ])iovinces in the hands of 
Great Britain, some dilficulty arose between tin; United States and Spain, 
in relation to this boundary, which led to the treaty of 27th October, 
1795, commoidy called the treaty of San Lorenzo el Real; l>y the second 
article of w hich, it was agreed that tlie boundary line between the United 
States and the Floridas shall be designated by a line beginning on tiie 
river Mississippi, at the norlhernniost part of the 31st degree of latitude 
north of the equator, which from tlicncc shall be drawn due east to the 
niid<lieof the river Appalachicola or Cliattahoochie ; thence, along the mid- 
die thereof, to its junction with the Flint ; thence, straight, to tiie head of 
St. Mary-s river; and thence, down the middle thereof, to the Atlantic 
Ocean. 

It was provided by the third article of that treaty that a commissioner 
and surveyor, to be appointed by each of the contracting parties, should 
run and mark the boundary, according to the stipulations of the 2(1 article, 
above recited. It was fuither stipulated that they should make plats, and 
keep journals of their proceedings, which siiould be considered as part of 
the convention, and have the same force as if they were inserted therein. 
In cimformity with this stipulation. Andrew Ellicott was appointed com- 
missioner, and riiomas Freenmn surveyor, on the part of the United States, 
for the purjiose of running the line mentioned in the 2d article. 'I'his ap- 
pointment was made in May, 1796: it ajipears from a letter of the com- 
missioner, dated 22d March, 1800, to the then Secretary of State, that a 
rejrort of what had been done would soon be completed : but that report, 
if made, is not now, as far as the committee are informed, to be HjutkI. It 
appears from the same letter that our commissioner experienced great 
dilficulty and embarrassment in the execution of the duty assigned to him, 
from the Indians, and, he intimates, at the instigation of others. The jour- 
nal of Ellicott was published in 1803. It appears tiiat the commissioners 
did not run and mark the line from the junction of Cliattahoochie and Flint 
rivers to the head of St. Mary's ; but they designated a point, which 
should be taken as the one to or near which a line should be draw n from 
Flint river, which, when drawn, was to be final ; provided, it passed not 
less than one mile north of a certain mound erected by them ; but if, on 
experiment, it should be found to pass within less than a mile north of said 
mound, it should be corrected to carry it to that distance. This mound is 
near tiie Okefenokee swamp. It appears from a rejiort of Jolm McBride, 
a surveyor, appointed by Georgia, in the year 1827, that there is a stream, 
called by him the South Branch of the St. Mary's, much further south 
than the one considered the head branch of that river by t!ie American 
and Si»ani.sh commissioners: and he says, that both its length, its volume 
of water, and general direction, coincide in favor of the South Branch. It 
appears, by a document referred to as part of this report, marked A. that, 
under a resolution of the Senate of Georgia, in 1818, the Governor of that 



10 [ Doc. No. 77. ] 

State appointed commissioners to examine and report whetliei* EIIicott*s 
mound was the true liead of the St. Mary's; and, from the letter of the 
Governor in 1819, to tlie Secretary of War, it appears that tlie commis- 
sioners had reported tliat, after a careful examination, they found tlie head 
of St. Mary's to agree with tJie report made by Mr. Ellicott. Two of the 
cimimissiotiers. in a paper leferred to as part of tliis report, marked B, 
think it probable that tliey may have been misled by their guide, assign- 
ing as the reasons of that impression : 1st, that they recollect to have seen 
what appeared to them, through thick brushwood, to be a lively little 
stream, emi)tying in through tlie opposite or right bank of the southern or 
middle fork of the St. Mary's; which, being pointed out to the pilot, he 
replied, tiiat tlie brancii they were pursuing was the right ojic; and, 2d, 
by the representation given by the survey of McBiide. After this review 
of the evidence, it will be seen by the House that the question is, What is 
the head or source of the St. Mary's ? for the other end of the line, to wit, 
the junction of the Cliattahoochie and B'lint rivers, being uncontested, s<» 
soon as the head of the St. Mary's is ascertained, all ditticulty ceases as to 
the boundary. The committee ai-e of opinion, upon the whole view of the 
case, that the point designated by the American and Spanish commission- 
ers ought to be considered as the head of St. Mary's. They consider the 
solution of the rpjestion to depend on this, w hich stream is to be considered 
the true St. Mary's river, according to reputation, and tlie understanding 
and acquiescence of the parties concerned ? As far back as 1800, the 
commissioners of the two Governments considered, upon examination, what 
is now called the North Branch as the St. Mary's; and the Georgia 
commissioners, in 1819, concur with Mr. Ellicott, as to the head' of 
that river; although another river unites with this, which vents more 
water, and is longer, yet, if it were not called, or known by the name of 
St. Mary's, these circumstances would not alter the case. The committee 
infer that it was not so called, or known, from tliesc circumstances : 1st, 
that the commissioners of two Governments were appointed to settle and 
decide a contested question of boundary : to do this, the head of the St. 
Mary's being one of the termini, it became their duty to seek for informa- 
tion from every source accessible to (hem, as to which stream was the St. 
Mary's, and what was its head. Having fixed upon a particular stream 
as being the true river, and designated a point as its source, and this being 
matter of notoriety, Georgia acquiesced, without objection, as far as the 
committee are informed, till 1818; and then the report of their own com- 
missioners coincided with Ellicott's designation, and that, too, though they 
had, as (heir pilot, as the committee believe, (he very person on whose sug- 
ges(ion they had been appointed. In tliis report Georgia acquiesced, as 
far as the committee is informed, until recently. As far as the nature of 
this unsettled country will admitof rejjutation as to the names of its streams, 
these facts may be considered as i)robably the best evidence which was the 
St. Mary's river, and the head of that river, as intended in (lie several 
State jiapers above recited. 'I'Jicre is an example mentioned in one of 
the printed documents, whicii will illustrate the idea of the committee. It 
is now believed to be a geograpliical fact that (lie Missouri is a longer 
stream than the Mississippi, and we believe vents more water; and yet, 
as it never has been called by the name of Mississippi, if we were now 
called upon to decide what was the head of thf Mississippi, we should take, 
not the source of the Missouri, though it ufiites w ith the other stream, but 



[ Doc. No. 77. ] 11 

the source of what is and has hcen called the Mississippi. It is not intend- 
ed to say that the case in question is as palpable ; but, alter settling the 
principle, that, in ascertaining the head of a stream of a given name, we 
must inquire where two streams unite, not which is the longest, or vents 
the most water, but which has been called and known by the given name, 
we are then to decide, upon the best evidence in our p(»wer. as to that fact ; 
and we think the evidence is in favor <>1 the stream designated by Ellicott. 
Resolved, therefore, as the opinion of the committee, that, in running the 
boundary line between Georgia and Florida, the point designated by the 
commissioners under the 3d article of the treaty of 1795 between the 
United States and Spain, ought to be the termination of the line from the 
junction of the Chattahoochie and Flint rivers. 



A. 

Lv Senate, I9th December, 1818. 

Resolvedf That his Excellency the Governor be requested to appoint 
two fit and proper persons to proceed, without delay, to ascertain the true 
head of the St. Mark's river ; and if it shall appear that the mound 
thrown up by Mr. Ellicott and the Spanish deputation, is not at tlie place set 
forth in the treaty with Spain, that they make a special report of the facts 
to the Governor, who shall thereujmn communicate tiie same to the Presi- 
dent of the United States, accompanied with a request that the lines may 
be run agreeably to the true intent and meaning of the aforesaid treaty. 

^nd it is further resolved. That the Governor order out a suitable de- 
tachment of militia to protect the said commissioners in the performance of 
their duty. 

Approved : 1 9th December ^ 1819. 



Executive Department, Georgia, 

Milledgeville, \7th February, 1819. 

Sir : I take the liberty to call your attention to the subject of the con- 
templated line between this State and tlie province of East Florida, which 
you no doubt recollect is expected to be run this spring by the General 
Government. 

Preparations are making to commence surveying that section of coun- 
try in a shoi-t time : it is, therefore, very desirable that the line should be 
defined as early as possible. 

The Legislature of this State, at their late session, having received sa- 
tisfactory information that the mound tlirown up by Mr. Ellicott and the 
Spanish deputation, on the Okefenokee swamp, is not the true head of St. 
Mary's river, as contemplated in the treaty with Spain, directed me to ap- 
point commissioners to ascertain the fact, and to communicate the result 
to the President of the United States, with a request that the line might 
be laid out agreeably to their report. Majors General Floy«I and Thomp- 
son, and Brigadier General Blackshear. have been appointed to, and arc 
now engaged in, the performance of that duty. Their report shall be 
transmitted to you as soon as 1 receive it. 



12 [ Doc. No. 77. ] 

I have every reason to believe that the head of that river will he found 
at least twenty miles .south of the j)oiiit agreed on by Mr. Kllicott and the 
Spanish commissioners. Should this conjecture ])rove to be a fact, the 
State of Georgia will be entitled to the land within that boundary, accord- 
ing to the treaty with Spain. In any event, it is of great imj)ortance that 
one of those lines should be comjjleicd as soon as circumstances will justi- 
fy tije measure. Enclosed, I hand you a resolution of the Legislature on 
the subject. 

With higli respect, I am, sir, 

Your obedient servant, 

WM. RABUN. 
The Hon. Joux C. CaliioUxV, 

Secretanj of tf^ar, WasJihigton Cilij. 



Executive Depautment, Georgia, 

MUledgeville, 5d March, 1819. 
Sir : On the 17th ultimo, I had t!ie honor to address you on tiic sub- 
ject of the contemplated line between tliis State and t)ie province of East 
Florida. 1 stated that the Legislatuie of this State had directed me to 
a])point commissioners to ascertain the true head or source of tlie St. Ma- 
vy^s river, and 1 promised to forward tlieir report to you as soon as the 
same was received. 'I'hc commissioneis have returned, and reported that, 
after a careful examination, they found the head of that river to agree 
with the report made by Mr. Ellicott, and prove, beyond the possibility 
of doubt, that tlie information received by the Legislature of this State re- 
lative to that subject was inconect. 1 Hatter myself that directions will 
be forwarded to Mr. Lumpkin immediately to close that line arcoi-ding to 
the treaty with Spain. And if the vieneral Government can afford us as- 
sistance in gtiaiding the surveyors who will be engaged in laying out the 
country, it will be acknowlcdcjed as a srreat accommodation. 
1 am, witli high res[)ect, 

Youi" obedient servant, 

WM. RABUN. 
Hon. JoHX C. Caliioux, 

Secretary of IVar. 



In the year 1817, Captain William Cone, then a member of the Legis- 
lature «)f Georgia, rej)reseiited, on his own knowledge of the St. Mary's 
river, that Mr. Ellicott had mistaken its true head oi- source : and tiiat an 
accurate survey wouhl establish the fact that the head or source of the 
middle fork or branch, (perhaps then ciilled th(^ Soiitli Branch,) which was 
twenty nnles south of Mr. Ellicott's mound, would he found to be the 
true souice of the St. Mary's river, and, therefore, the true ])oint of de- 
marcation between the State of (Georgia and the tiien Spanish province of 
East Florida. The Governoi- of (ieoi gia was authorized by tlie Legisla- 
ture to appoint commissioners to ascertain the truth of the facts alleged by 



[ Doc. No. 77. ] 13 

Captain Cone. The undersigned, widi Brigadier General David Black- 
shear, were a|){)ointed and specially instructed by the Governor of Geor- 
gia. They employed Captain Cone as a pilot, and, witli a competent sur- 
veyor, caused to he measured (beginning at or near the point designated 
by Lllicott as the heail of the St. iVlary*s river) the distance fi-om that 
j)oint, by the meanders of the nortlnvest bi-anch, to its junction with the 
stream or branch rej)resented by Cone to be the true source of the St. 
Mary's, and up the left bank of the lattci* brancli, until the commissioners 
reached an extensive swamp, into wliicli the pilot, with twoof the commis- 
sioners, (the undersigned,) penetrated about half a mile, and saw no water 
or water cliannel. Capt. Cone was then directed by the commissioners to 
puss entirely across the swamp, (to the pine barren beyond the swanij).) 
wjio, on his return, repoi-ted tliat there was no strcatn of water or water 
channel in the swamp ; and tliat we had reached the head of the branch to 
which he had referred in tlie information given by him to the Legislature. 
On a comjjarison of the length of the two streams, it was found that the 
latter, from its junction with the other to the swamp above referred to, 
was mucli the shortest ; and the commissioners consequently reported in 
favor of the foi'iner as the head or soiirco of the St. Mai*y's river. 

It is, however, more than probable tliat the commissioners may have 
been misled by the inadvertency of Cajitain Cone, who professed to be in- 
timately ac«|uainted with tiic geogra[)Iiy of that part of the country, and 
on wliom tiiey uere instructed to lely, who may have been diverted from 
the ])rincipal stream by riiistaking a branch of it. And we, the under- 
signed, arc inclined to this belief, first, because we recollected to have 
seen, a short distance below tlie swamp lo which we have referred, wiiat 
appeared to us, through thick brushwood, to be a lively little stream, emj)- 
tying in through the op|)osite or right bank of the southern or middle 
foi'k of the St. Mary's, which was pointed out to the pilot, who replied 
that the brancli we were then pursuing was the right one; and because of 
the representation given by the survey of McBride. 

JOHN FLOYD. 
WILEY THOMPSON. 

February 29, 1828. 



March 3, 1829. 

Mr. miite submitted the following letter from D. B. Douglass, relat- 
ing to the boundary line between the State of Georgia and the Ter- 
ritory of Florida. 

West Point, 1 1 th February, 1829. 
Deau Sill: I was duly honoi-ed with youi* note of the 20th ultimo, re- 
questing inr(>rmation respecting the ofVuial i-eport of Mr. Ellicott, as com- 
missioner for executing the treaty of 1795 ; and I have since employed 
myself, as opportunity offered, in searching among tlie corresi)ondencc 
and documents in my possession, with a view of complying, if possible, 
with youi- request. 

I am sorry to say that, as regards the iT[)()rt, or any of the charts or 
other documents connected with it, my search h.is, thus far*, pr-ovcd inef- 
fectual. I find it vcr-y often referred to in different parts of the coVre- 



14 [ Doc. No. 77. J 

spoiidence. ])articulfii'Iy that with Mr. JefTerson and Mr. Madison, but no- 
where in such a way as to indicate the grounds, or any of the suhject-mat- 
ter of the rejK)rt ; and the most I can do, tlieref(>re, is to transcribe a few 
extracts fiotn letters i?i wliichthe repoi't is spoken of, for the mere sake of 
historical truth, and in the hope t\\i\t possibly they may throw a ray of light 
upon your further i-eseaiclics. 

1. Speaking of his astr(»nomical observations, which he had arranged fop 
publication, Mr. Ellicott, in a letter (believed to have been) addressed to 
Mr. Jeffei-son, dated 17th Sej)teml)er, 1800, says: •'The astronomical 
<'jouiiial is very lengthy, but will be of no use to the public.till accompa- 
« nied witli tlie charts of the line. When these can be liad, is uncertain, 
"as the originals were annexed to the report, and 1 had not time to take 
"copies." This was written about four months after iiis return. 

2. Frbi'uary 5, 1801, in a letter to Mr. Jefferson, he says: '-Ever 
<' since 1 heard of the burning of the Treasury Deparimcnt, I have been 
*< alarmed on account of the maps, charts, and plans, annexed to the re- 
<« poi-t respecting our simthern boundary, as 1 had not the privilege of tak- 
<'ing copies, and they could not be replaced but by sejiding to Madrid." 
And again : " The report, by the third article of the treaty between the 
" United States and his Catholic Majesty, was ' to become a part of the 
♦"original compact, and erpially bin«ling on both nations,' and therefore 
"equally entitled to the same publicity, but I do not see that the Presi- 
*»dent has taken notice of il in any of liis messages to the two Houses." 

S. In anotiiei' letter, dated May, 1801, he says: '-The publication of 
" the fifth volume of the Transactions of our Fhilosophical Society will 
« be delayed for want of the charts, or tlie copies of them, annexed to the 
*' report respecting our southern boundary. Tiiose charts are the origi- 
*' nals, and I intended to have replaced them by cojjies done in a better 
♦'style, but in this I have been disa|)pointed." 

4. In another, dated June 4, 1801, he adds to the same effect : "The 
« want of those references and charts will delay, for some months, the pub- 
" lication of tiie fifth volume of our I'liilosophical Transactions, the letter 
" press of which will be completed this week. If I had supposed that 
"those papers, or copies of them, would have been withheld till this time, 
♦' I should iiave en<Ieavoied to obtain, tlirough the Spanish minister, copies 
" of those sent to liis couit." 

5. It appears from what follows that Mr. Ellicott must have been called 
to Washington soon after the date of the preceding extract, for the pur- 
pose of transcribing the chai-ts, and of executing a fair copy for the State 
orTi'casury D«'partment. On the 18th of August, he thus writes, (still 
to Mr. JefltM>on :) " Immediately after my return from the city of Wash- 
" ington, I began the reduction of u\y charts to a scale of eight inches to 
" a mile, [qu. eight miles to an inch ?] which I find will be as small as 
" they can be reduced, and at the same time retain all the waters an«l bends 
♦'or crooks of the rivei-s." 

6. On the 4th of September he reports the progress of the large map 
to the Secretary (»f the Treasury, and on the lOth October reports it fin- 
ished. In a letter to Mr. Jefterson, of the same date, he says: " It com- 
♦' prebends the Mississippi from the mouth of the Ohio to the Gulf of 
♦' Mexico, the jjrovince of West Florida, and the whole southern boundary 
♦'of the United States, accompanied v.ith thirty-two pages of manuscript 
♦' rchiarks on the navigation of the rivers, proper positions for military 



[ Doc. No. 77. ] 15 



"works, &c." Atid again : '* I am anxious to have it forwarded as soon 
*' as possible; but, from Ibc size of the juap, being ii|iwaids of six feet 
*» noith and soJith, and the same east and west, 1 fear it would bedilHcult 
<' to find a person willing to take charge of it, unless it was made his par- 
" ticuiai* business." 

7. On the 31st December. 1801, in forwarding it to Mr. Gallatin, he 
writes as follows : •• I have forwarded by the bearer. Caj)tain Diiane, the 
♦' map of the Mississippi, from the mouth of the Ohio to the Gulf of Mexico, 
*'to which is added the south boundai-y of the United States, anil the whole 
*' of West Florida. In examining the map, it will be necessary to have 
*' reference to the manuscript explanation, which was forwaided to the 
** President some time ago." * * * * *» Mot having time to take a copy of 
*'the map, I wish no person may be allowed that piivilege till 1 have time 
«' to do it myself." 

Other extracts might be furnished, of a similar character, down to the 
date last quoted, but, fi'om that time foith, [ find no distinct reference to 
the subject, nor to the aflfairs of the commission, in any way, except in the 
settlement of the accounts. 

The conclusion, I think, is irresistil)!c. from tiiese extracts, and from the 
whole face of the correspondence, that Mr. Ellicott made his report in due 
form, immediately after his retui-n, and that an authentic copy was ren- 
dered also to the Spanish Government, which implies, if I am not deceived, 
that it was the joint report of the two commissioners. That it was received 
and accredited on the part of the United States Government, " «s contain- 
ing the results of the demarcation of the southern bonndarij,*' might be shown 
fronj many parts of the coirespondence, jjarticularly the letter of Mr. 
Madison, dated November 18, 1801, fron> which the underscored words 
are quoted. 

If thei*e xvus any deficiency, then, in the legal execution of the treaty, it 
is clear to my mind that it must regard some merely diplomatic foi-m, or, 
at all events, tiiat it does not vitiate any part of Mr. Ellicott's work. 

What has become of this report, you will inquire, since n«» remains of it 
are to be found in the Department of State ? From personal communica- 
tions with Mr. Ellicott during his lifetime, I am fully pei'suaded tiiat they 
were destroyed by fire ; but at what time, oi* in what mantier, I cannot now 
say : the particulars, if they were ever communicated to me, have escaped 
my recollection ; but I distinctly rcmembei* hearing Mr. P^IIicott, on more 
than one occasion, bitterly lamejit the destruction of the documerjts and 
drawings, whicii had cost him so much labor, and with the execution of 
which he had so much reason to be satisfied. Whethei'all the papers were 
involved in the same fate, I cannot say, (have you sounded the Treasury 
Department ?) noi* do 1 know whether the originals were retained or re- 
stored after the fair copy was made. I tliitik the latter was made for the 
Treasury De|)artment, and that the former must have belonged to the De- 
partment of State. Thei'c is a |)ossibility, however, that the originals 
were retained by Mi*. Ellicott; and if so, his son, in the western part of 
this State, must know something of them. I have already written to him 
for information, and, as soon as it is received, will lose no time in commu- 
nicating it ; and I assure you it will afford me great pleasui-e to add any 
thing to the little I have as yet gleaned for you. 

I just recollect that Colonel Gadsden once borrowed a large manuscript 
chart of the St. Mary's from Mr. Ellicott. I presume it was returned : 



16 [ Doc. No. 77. J 

but it furnishes another link in our little chain of information, which may 
be of some assistance. 

I remain, very sincerely, yours. 

D. B. DOUGLASS. 
Colonel White. 



Docnmeiits relating to the boundary between Florida and Georgia, accom- 
pamiiug the VresidenVs message at the commencement of the \st ses.iion 
of the SOt.'i Congress. 

Department of War, 

7th jVuvemhcr, 1826. 

Sir : 1 have the honor to inform you, that hy virtue of the power vested 
in the Vresident of the United States, by act ol Congress, approved May 
4, 1826, and which provides for tlic nmniiig and marking the line divid- 
ing tlie State of Georgia from the Territory of Fh)rida, the I'lesicient has 
appointed yon a couunissioiier, to art in conjunction witli a conimissiotier 
to be a})p<)intc'd hy tlie constituted authorities of the State of Georgia, in 
running and marking said line; the act of Congress itself defining the 
beginning ajid termination of the line, awd the direction in wiiich it is to 
be run. I ench)se to you, herewith, a volume of acts of Congress, \v!iicl» 
contains the act aforesaid, at pages thirty and thirty-one, for your govern- 
ment. 

Your compoisation will he the same as that allowed by the State of 
Georgia to lier- commissioner, and wiiic!i is stated by Governor Troup, in 
his letter to this department, of the 26lii October, to be ** eight dollars per 
day, i/icluding necessary expenses." 

\'ou wil!, hhould this app(»intment be accepted, signify the same to the 
department, and repair immediately to Milledgeville, in Georgia, and state 
to his Excellency Governoi' Troup your readiness to enter upon the du- 
ties embraced in this trust. 

You will he particular in keeping a regular ami correct journal of your 
proceedings ; and tiiis, together with your map and field imtes, you will 
forwai-d, signed by yimrself and the commissioner who may he apjjointed 
on the part of Georgia, to (his departmeiit. 

1 have the honoi* to be, 

Your most obedient servant, 

JAxMES BARBOUR. 

To Thomas M. RANnoLPu, Sen. Esq. 



Albemarlk, A'«r. 12, 1826. 

Sir : I had the satisfaction, late yesterday evening, to receive a commu- 
nication from your department, under date of tlic 7th instant, with your 
signature, amioimcing to nic that the Presi(!»M»t had appointed ine a com- 
missioner, to act in coiijimction with a commissioner to he aj)poiiited by 
the constituted iuithoi-ilies of tlie Stivte of Georgia, foi- i-iitiiiiiig and mark- 
ing the line dividing that State from t!ie Territory of Ehn-ida. For tliis 
unexj)e(t(d honor, 1 at present only return my \cry sincere and nn>st 
respocllul thanks to yourself, ho|)ing to have tiie further honor of making 
my acknowledgments to the President, when I shall have the good foitiine. 



[ Doc. No. 77. ] 17 

to have fulfilled his coininissioii to liis satisfaction. I should be unworthy 
of the respect shown me in this niattei", if I were to accept the commission 
j)recipitately and inconsiderately, witliout any instruction IVom thcdejjart- 
ment entrusted ivith the execution of this law. or any intimation of the 
President's views witli regard to tlie manner of proceeding in the case. 
The President's perfect knowledge of the infallible geometrical principles, 
according to wliich sue!) a woi-k must he prrfornied, makes me more anxious 
to learn what his thouglits are as to the plan of tlie technical and scientific 
processes re(iuisite. My idea, in the very first moment, was to propose to 
the commissioner of Georgia to ha\e tlie latitmle and longitudeof the Junc- 
tion of the rivers Chattahoochie and Flint determined with precision, and 
also that of the point <lesignated as the head of the St. Mark's river by the 
commissioners un<Ier tlm treaty with Spain of 1795. That done to the satis- 
faction of both, then for them to sejrarate, and commence rujiuing and njark- 
jng the line from opposite extremities at the sametin)e, until they meet in a 
middle point ; the latitude and longitude of w liicli should also he determined 
with the utmost i)recision ; and the line is, I believe, not westward and 
eastwai'd only, but crosses many fractional paiallels of latitude, if it 
should not extend to a degi-ee. Afterwards, if required by either, that 
each commissioner should run over again that part of the line run by the 
other. All elevations and dej»ressious of the surface should of course be 
accurately measured, and such notice taken, chorograjdiical and topogra- 
phical, as can be done, en j)assant. If I did not know- (he considerate dis- 
jiosition of the j)ersonage to whom I have now the honor of addressing 
myself, I should not venture to ask if it is likely that the President will 
appoint a surveyor himself, or will leave that to the discretion of the com- 
missioner, in faith that, if he should find it rerjuisite, the President will 
adopt his opinion, w hich would entitle the person so engaged by him to 
such conipensation as Georgia may grant to her surveyor on this occasion. 
The surveyoi- should under-stand taking latitudes and longitudes as well 
as running out courses and measuring distances accurately, and should 
have fit instruments for the former purpose besides. I cannot refrain from 
suggesting that the pci-sous to be enrployed as chain carriers, on such an 
occasion, ought not, perhaps, to be taken all from the State ; and, of course, 
that an authority to the commissionei- for engaging elsewhere the requisite 
assistants, and defraying their travelling expenses, might not meet the dis- 
approbation of the President. 

1 am, sir, &c. 



James Barbouk, Esq. &c. 



TH. M. RANDOLPH, Sen. 



Department of War, 

nth November, 1826. 

Sm : I have the Inmor to acknow ledge the receipt of your letter of the 
12th instant, and have submitted the same to the President. 'J'he Presi- 
dent sees no excc|)tion to your suggestion as to the mode of proceeding in 
the execution of the trust reposed in you as commissioner-. A surveyor 
will be appointed by the Pr-esident, and dir-ected to report to the commis- 
sioners at iVlilledgeville. Upon him, under the dii-cction of the commis- 



18 [ Doc. No. 77. J 

sioneis, the duty will devolve of procuring the necessary attendance in 
chain earners, &c. 

I will issue a requisition in your favor, to be remitted to you, at Eve- 
rettsville, by the Treasurer, for three iiundred dollars, under the provision 
of the first section of the act concerning the disbursements of the public 
money, for which you will be held accountable on the settlement of your 
account for salary as commissioner. 

I have the honor to be, &c. 

JAMES BARBOUR. 

To Thomas Mann Randolph, Sen. Esq. 



NoiiTH Milton, is Albemakle, Va. 
JVer/r Everettsville P. 0. J^^iv. 22, 1826. 

Siu : I have this moment had the honor to receive the letter from your 
department, of date 17th instant. 

I hope I shall be jiardoncd for soliciting to have the favor done me of 
informing the Governor of Georgia, in the first communication made him 
on this subject, that, on Monday, November 13, I held myself ready to 
obey orders from your department relative to this commission. It has 
been my main business since to revive in my memory the information re- 
quisite for fulfilling the object well, even in case that the President 
might iiot have thought it necessary to appoint a surveyor; which deter- 
mination is entirely satisfactory to me, independent of the high and wil- 
ling deference to his judgment, by no means new in my mind. 

If the clerk in your department, who encloses *o nje at Everettsville 
the requisition on the Treasury, mentioned in the letter of the 17th, would 
take the trouble to infoim me who the surveyor is, and when he is likely 
to leave Washington for Mi Hedge ville, it would be thankfully received. 

I have the honoi- to be, sir, iScc. 

TH. M. RANDOLPH, Sen. 
James Barbour, Esq. 

Secretary, ^-c. 



Department of War, 

November 23, 1826. 

Sir : In reply to your letter of the 22d instant, I have the honor to in- 
form you tliata requisition in your favor was issued on tiie day of the date 
of my last letter, and tliat a note accompanied it, recpiesting it of the 
Treasury l)e|)artnient to remit the amount, to wit, S3()0, to you at Eve- 
rettsville, which, it is jji-esumed, lias been done. 

Since my letter of the 17th instant, and on further rcfierlion, it is de- 
termined to leave the selection of a surveyor to you. You will, therefore, 
exercise your discretion in appointing a competent ])ersoii, and, through 
liini, the necessary atfendanls. His compensation will be at the rate of 
five dollars a day, whilst actually enqjloyed, and his necessary exjjenses 
borne, llis account, both for the time in which he may be engaged in the 
service, and for his expenses, will be accompanied by your certificates, as 



[ Doc. No. 77. ] 1^ 



commissioners, of its correctness. You will regard the appropriatioi*, 
made by Congress in carrying into effect this trust, and in no case exceed 
it. It is desirable that every attention be paid to making the undertaking 
economical, and as much below the appropriation as possible. 
Governor Troup has been already advised of your appointment. 
I have the honor to he. &c. 

JAMES BARROUR. 
To Thomas Mann Randolph, Sen. Esq. 



6 P. M., December 16, 1826. 
Sir : I had the honor of addressing a lettei* to you at a somewhat earlier 
hour of this day ; since which I have ascertained that I shall be disappoint- 
ed entirely in my hope of getting a copy of the treaty made between the 
United States and Spain at San Lorenzo el Real on 27tli October, 1795 ; 
and also of what is much more important to me, a co|)y of tlie report made 
by the commissioneis ap|)ointed undci' the third article of the said treaty, 
♦'designating'* a jxiint as the head of the St. Mary's river, whicli is the 
eastern extremity of the boundary line to be run. The term " designate," 
from the first moment, convinced me that I could not proceed without tiie 
documents heic mentioned, but I unluckily thought 1 was xevy sure of 
procuring tliem immediately, yet iiave failed there an<l elsewhere, so as to 
he coin|)elled to ask tl^c favor of you to m'der them to l)e sent on to me at 
Richmond by the first mail after tliis lias ai-rived. The term '♦ designate'* 
being a little vague. I know not wlietlter the point constituting the eastern 
extremity of the line may ha\e been marked in some permanent way, or 
only described as tlie head spring, at the intersection of a certain meridian 
and parallel, whicli may not corres[)oi!d with the result i.«f my observations 
and calculations ; in which case, another iiead spring being neai-er to them, 
the commissioners may be at a loss. If the expression of the treaty should 
in fact be vague, as I have supposed possible, and the rcpoi-t should not 
have completely removed the dilUculty, I beg to have instructions as to the 
ground I am to take in the conference with tlie other comuiissioner. Within 
an hour [ have been infoi-med who he is. and where he resides, viz. at the 
mouth of St. Mary's, in the town of Darien, which information creates a 
little doubt where I shall find him, so as to be on the line by the 19th Jami- 
ary. I have only to repeat my assurances of all possible efforts to he 
expeditious, accurate, economical, and accommodating to the other party ,^ 
in cveiy thing relating to my mission. 

1 have the honor to be, sir, vouis, ^c 

TH. M. RANDOLPH, 

Commissioner, ^c- 
James Barbouk, Esq. 

Secretary of War, <^c. 



Department of War,. 

23d December, 1826. 
Sir : I have had tlw; i»otio" to nceivc your two letters of the 16th inst. 
In regiird to all t'.. U'lails I'aving reference to the survey, whether these 



30 [ Doc. No. 77. ] 

relate to the selection of a surveyor, or other matters connected with the 
execution of the trust confided to you, they ai*e referred by the President 
to your agency and disriction. 1 have addressed a note to the Secretary 
of State, refjuesting the copies of tlie tieaty of San i^orcnzo el Real, of 
tJ»e 27lh October, 1795, and the report of the commissioners appointed 
under tlie third article of said treaty. The moment these ai-e ])rei)ared 
and received, they will be forwarded to you, diiected to Milledgeville, in 
Georgia. 

I have the honor, he. 

JAMES iJARDOUll. 
To Thomas M. Randolph, Esq. 



MiLLKDGEViLLE. Fehruarij 2, 1827. 

&IU : I arrived here yesterday, in eighteen days from Richmond, which 
place 1 could not leave earlier than about noon of Januai-y 14. from a 
variety of circumstances beyond my control. Iiuleed, the accounts of 
Indian disturbances on the line between Georgia and East Florida, by 
rendering it doubtful for a short tinie whether the commissioners could 
proceed in their route, if arrive<l, seem to n)o fully to justify the short 
■<lelay I made, in weather of almost unexampled severity as to cold, 
while suffering an indisposition infinitely the most serious for eleven 
^-cars baik. 

I found lying at the jjost oHice heie a packet for me containing, relative 
to the claim of Baley lor Imlian rations, several papers, to the sul)ject of 
which 1 shall devote a very pai'licular attention before I leave Georgia, 
and shall forwai-d a re|)ort containing all the information 1 can obtain, 
and my opinion as .soon as tlie duty of running the litie will peiinit me. 
The Important packet, containing the papers from the Dej)artment ol State, 
.•mentioned in the communicatioji from that over which you preside, dated 
Decernber 23, has not yet reached me. 1'he report of the commis- 
sioners appointed under tl»e thii'd article of the treaty of San Lor-enzo el 
Heal, is a document witiuuit which these commissioners cannot well pro- 
ceed. Since 1 had the honor last to addirss the depaitment, I have seen 
that treaty, and have i)rocured a copy of A. Ellicott's journal, from which 
I have the first information that the two exti-cmities of the line to be run 
liave been geogra|)hically determined, and the eastern, which was not 
certainly indicated l)y the treaty, actually mai-ked, so as to be readily and 
surely discoverable at this time. iJut I have no evidence that the report 
made jointly by the two commissioners, which, by a provision in the treaty, 
was to make a part of it, ami, of course, is now binding upon tlie United 
States and Georgia, does correspond fully with what is stated in the journal. 
Still 1 cannot entertain a doubt about that correspmulence, as the journal 
■was prepai'cd for the press after the report had been received and acknow- 
ledged by the two Governments, Ui)on firiding that tlie pac ket expected 
in conse(|uen( e of the communication to me fr(Mn tlie Department of War, 
of December 23, had not arrived, 1 immediately iii()uiied of the Goveinor 
liere whether the State or any individual possesseil the repoit in (|uestion, 
an<l am infoi-med that it cannot be j)i-ocui-ed hei-e. On that occasion, I 
ieund that the journal of the United States commissioner, Ellicott, was 
bci« considered as sulKcicntly authentic, and that it was expected I should 



[ Doc. No. 77. ] 2r 

proceed, •'* in conjunction witli the representative of the constitutert 
authorities of Georgia," to run a straight line from the mownd thrown up 
by the two commissioners at the outlet of the waters of the Okelenokee 
swamp into the St. Mary's river, to liie junction between the Chattahoo- 
chie and Flint branches of tlie Appahicliicfda river, which line was to 
constitute the permanent boundary between the State of Geoi-gia and the 
Territory of Florida. The commissioner for Georgia is at iiis residence 
in Darien, one hundred and seventy miles from tliis place. I shall set 
out for that place on Sunday or Moiulay next, my horses reriuirit)g that 
much rest before 1 can resume my journey, witii certainty of the i)erforin- 
ance from them which is requisite. I have only to assure the department 
that there shall he no want of diligence or fidelity on my part u|)on thc^ 
occasion ; but I cannot omit to remark that tlic ex[)ense of the work must 
be greatly inci-eased from the necessity of proceeding without money, thei-e- 
beiug only eighty dollars in my hands at present. If the report of thcr 
commlssioners in 1800 should not reach me in time, I shall be under the 
necessity of proceeding by Ellicott's journal, but shall be very exact in 
the ap[dication of the information it contains, as a very little deviation 
might l*ave on the Gcoi-gia side of the line some of ihe most valuable 
parts of the great Okefenokee swamp ; in which, besides its capacity to 
undergo general draining, there are some of the most fertile lands of all 
the South, appearing like islands, or rather oases, in the marshy desert. 
Nothing requi-itc shall be neglected sn as to allow of any disagi-eement 
between that tei-restrial arc of a circle which is already the geographical 
line, and the future boundary of jmisdiction, its constituent, which is now- 
to be traced and marked. The eastern extremity is considered here to be 
in latitude SO"^ 34' 48". I am not yet itiformed w hat means ai*c contem- 
plated by the Georgia paity for correcting the conq)ass line, so as to ensure 
its correspondence with the terrestrial arc ; but I catinot hear <d' any 
astronomical instruments for the jiurpose being in their possession, nor- 
docs it seem to be expected lieie that any such means will be used. I d** 
not j)retend to be a practical astronomer-, having never* had it in my power 
to procure the necessar-y instruments to qualify myself; but I have a suffi- 
cient acquaintance w ith tlie theor-y of the science to enable me to detect all 
errors, and, ()f course, to guai-d against tiiem. Nothing whatever, in the 
guise of advantage, or- of tlie still gr'eatei- temptation, r-elicf, could induce 
mc to undei'take wirat I did nut feel an entire ((Uisciousuess of the cajjacity 
to perform. If I had escaped malicious irrsinirations, pr-edictions, mnl 
consti-uctions, I should have been sui'prised, in the actual state of our 
public morals. It shall be my cai'c to ensure the falsity of that future 
malice which I must as cei-tainly incur as I live. 
Very rc^spectfully, 

Your most obedient, humble servant, 

T. M. RANDOLPH.. 

The SKCRliTARY Of Wau. 



Darien, Georgia, February 14, 1827. 

Silt: I have tlie Iioikm* to infoi-m you tiiat, after waiting at Milledgeville 
from Thursday, 1st, to Thursday, 8t!i instant, in the ho[)c of receiving a 
despatch containing the report of Andrew Ellicott and Don Estcvan Minor^. 



22 [ Doc. No. 77. ] 

made to the Government by the former in 1800, which still appears to me 
to be the only authentic document upon whicli the present commissioners 
for running the same boundary line can proceed witii entire satisfaction 
to themselves, as the lesuit of those operations, as far as it could tlien be 
obtained, is obligatory and final, I repaired to this place. Having now a 
strong belief that the packet, with its important enclosure, has some way 
tniscarried, 1 have been engaged since Monday evening, the l!2th instant, 
Avhenlhrsl saw Mr. Spalding, in making arrangements for proceeding 
immediately to the performance of our duty. A copy of the proceedings 
necessary before the actual commencement of the work, in the form in 
which they really took place between us, of questions, reasonings, and 
decisions, will be forwarded lo your department by the next mail. The 
Georgia commissioner, by a negotiation with the Bank of Daricn, made 
upon luesday the 13th instant, has provided the funds requisite for com- 
mencement, and it has been agreed tliat the work shall be performed at 
joint charge of the two Governments, by a single party under the control 
ot the two commissioners, acting in conjunction, with precisely equal 
powders. I had the good fortune to procure in Richmond the journal of 
Andrew Ellicott, which is completely in detail, and was prepared by him 
lor the press after the report was made. I have no hesitation, under the 
actual circumstances, to consider as entirely authentic what he there says 
was the result of the joint operations of the two commissioners, and the 
final agreement between them. I am already assured of the complete 
ostcnsibihty of the mark which Ellicott says, in his journal, was made in 
presence of the two commissioners, by their joint order, to designate the 
«astern extremity of the line. We have nothing, therefore, to do but to 
run It so that it shall coincide, as nearly as we can ])ossibly make it, with 
the present geograjihical line; they are of a terrestial great cncle, never 
yet traced and marked. From all the accounts hitherto received by us, 
theOkefenokee s^ amp is absolutely impenetrable by men bearing compass 
and chain, without first opening a vista, and then making a foot bridge. 
>>e expect to have to depend ujmn a traverse, as we are not authorized to 
proceed in that only complete but \evy expensive way. A competent sur- 
veyor could not be procured in Georgia for less than eight dollars a day, 
all expenses paid besides. I could have brought one from Virginia, far 
superior to the best in this State, for five doflars. Having, with much 
pains, satisfied myself of the tlntrough competency of the surveyor ap|)ointed 
by the authorities of Georgia, 1 have consented to accept of liim, although 
he IS not at all an astronomer, and must pn.ceed by geometrical means 
alone, unconnected by any astronomical o|)eration, which mav answer 
fiiifliciently well on the present occasion. His demand was ten dollars per 
diem, hut I cannot r(Misent to give more than four dollars for his compen- 
sation Irom the United Stales. The men requisite will be engaged from 
one dollar a ihy lo twenty dollars the month, with the excejUion of 
two of a superior order, whose services cannot be dispensed with. 
The whole jnovisions and other ecpiipmcnts must he procured in Sa^ 
vannah, and steps are already taken for that puri)ose. Nothing what- 
ever can be had in or near the country tlirough which the line runs, 
lo which we shall he confined at least three months. We could not make 
imr preparatimis, even with a smaller sum than fifteen hundred dollars. 
Mr. Spalding has procured a larger accommodation, and there will be 
considerable saving from his success in that measure. We concur fully 



[ Doc. No. 77. ] 23 

in the dispositinn and determination to use all possible economy, and, 
necessary to that, all the despatch possible consistent with accuracy. 
I have the honor to be, 

Youi- most obedient, humble servant, 

TH.M. RANDOLPH, 

Commissionerf ^'C. 
Hon. James Barbouk, Secretary of War. 



Dauien, February 28, 1827. 

Sir : I have the honor to inform you that the pai'ty destined to run the 
line between the United States Territory of East Floiida and the 
State of Geoi-gia, has left Darien, fully equipped and j)rovi(led for that 
purpose at the expense of Geoi'gia ; one-imlf of all charges incurred to 
be defrayed by the United States Government, provided the moiety do 
not exceed the appropriation made by Congress on this occasion. 

I have the honoi' to enclose a transcript of the proceedings of the two 
commissioners forming a board for the pui-pose in question, and to beg 
your attention to it at your leisure. 

My last com.".^.unication from you is dated December 23, 1826. 
I am, sir, your most obedient, humble servant, 

TH. M. RANDOLPH, 

Commissioner, ^c. 
The Hon. James Barbour, Secretary of War. 



Monday, February 12, 1827. Governor Randolph, commissioner on 
the part of the United States for establishing the boundary line between 
Georgia atid Florida, arrived at Daiien. 

Mr. Spalding, the commissioner on the part of the State of Georgia, 
waited upon him, when, after deliberation, the following preliminary points 
were settled, without doubt or contrariety of opinion : 

1st. We will commence running the line of separation between Georgia 
and Florida at the head of the St. Mary's. 

2d. There shall be but one surveyor employed. 

3d. We will engage from fifteen to twenty men for our various opera- 
tions, as we may find necessary in the pr-ogiess of our undertaking. 

4th. We shall provision them for the whole operation at this place. 

5th. We will employ, for the transport of our provisions, light wagons. 

6th. We will make our preparations at all points, at the joint expense of 
the United States and the State of Georgia. 

7th. It will be necessary to provide the sum of two thousand dollars for 
the procuring of provisions and equipments for the commissioners and the 
gentlemen that accompany them, for the surveyor and men under him. 

8th. It will be necessai'y to provide the sum of five hundred dollars to 
meet the accidents to which every human operation is subject, without be- 
ing reduced to the necessity of sending back tor those aids after they have 
become necessary. 

9th. Mr. Spalding, the commissioner for Georgia, will draw upon his 
Excellency Governor Troup, through the Bank of Darien, the com- 



2t4 [ Doc. No. 77. ] 

missioncr on the part of the United States engaging, on the part of the 
United States, to refund a moiety of such advance to Georgia. 

The commissioners then j)roceeded to nominate John Randolpli, Esq. 
commissary and commandant of the party, with jjower to regulate and 
direct the police of ihe camp. 

They nominated John G. Boll secretary and accountant, and determined 
that tlicse gentlemen should receive a compensation for theii- services. 
When the Hoar*! adjourned. 

Extr.ict from the minutes. 

J. G. BELL, 
Secretary to the Commissioners, 



Answer to the first riuery, viz. Sliall we commence running the line of 
se])aration between Georgia and Florida on the St. Mary's, or at the Chat- 
tahoochie ? 

If the Okefenokee swamp be j)enetrable at all by a surveying party, 
which is not authorized to incur the expense of cutting a vista through it, 
commesicement should he made at the eastern extremity of the boundary 
Jine ; for the earlier, after this time of the year, the attempt is made, the 
less dilliculty, risk, and labor will attend it, and the greater the probable 
accuracy of the f>perations to be perforined. 

I'he season will be too far advanced to allow of any such attemjjt, when 
the line has been fust exten<!ed from the western exlremity to the western 
margin of the Okefenokee. The time re(juisitc to reach the mouth of Flint, 
300 uiiles fi-(ini Darieii, along the zigzag course which must be jjursued, 
there being no direct route thither, may jjorhaps be better employed in 
proceeding more slowly and more exactly in running the line from the 
eastern extremity at once. The saving of 'that time will give more leisure 
for the most difficult part of the woi k, of which a greater degree of accu- 
racy will be the sure effect, and the healtliiei- early season w ill' render hurry 
unnecessary. The present is the exact time for such operations. Upon 
such groun<l as the swamp, the water will be sufficiently warni for wading, 
and the foliage greatly thinner now than later. Again, if the Okefeimkee 
be absolutely impenetrable with compass and chain, and the intention ta 
run the line through it be accordingly found altogether impracticable, the 
fact can be determined only [»y going tlieje and making the experiment ; 
in which case, very certainly it will be nu)st advisable to make a traverse, 
and find thereby the point at which the line would have come out of the 
swamp, if it bad been run through it, so as to give the i»ower of jjroceeding 
westward at once. In thaf case, the random or guide line will probably 
diverge more from the true line than if it had 'begun at that end where 
no traverse is necessary. But if that should be the result, as is highly 
l)robabIe, the greater accuracy so attained in running cannot be demon- 
strated without continuing on to the end, which the case su])poscs cannot 
be done, and the advantage may be lost in the traverse, so as at last to 
leave a doubt whethei- t!ie liue actually run will, if ever it should be con- 
tinned throughout by a br-oad vista and foot bridge, strike the ])oint dcsig- 
nated as the head of the St. Mary's river or not. It would not be deter- 
mined, with sufficient certainty, what the deviation had been, nor whether 
the error had been made in cotning on from the Chattahoochie to the west- 
ern margin of the swamp, or in the traverse made to find where the line 



[ Doc. No. 77. ] 25 

ought to come out of the swamp, on the cast side of it : upon wliich grounds, 
I give it as my ojjiuion that we shouhl begin at the point designated by 
Eilicott and Minor as the liead of St. Mary's as near as they could ap- 
proach it, taking care to ronsi(KM- tlie j)oint designated as tlie true head, 
souicc, origit), and not tlie point marked by a mound, as ihe jjoint of our 
commencement ; that we should calculate our ccjursc from the latitudes 
and longitudes of the two ends, as given by the said commissioners, and 
procee<l upot) that course, making the correcticm requisite as we proceed, 
to the Chattahoochie, whence we should return, correcting and marking 
the line in our pi-ogress, until we reach the absolutely impenetrable part of 
the Okefenokee, where we should erect a durable monument of some kind, 
and another such where our line, by computation, should come out of the 
impenetrable part of the swamp, on the east side thereof, taking care, at 
he same time, to renew Eilicott and Minor's mark. 

Answei- to the second question : Should there be one or two surveyors 
employed ? 

I am not of opinion that more than one can be employed at one time, if 
the two parties act in conjunction, literally, accoi'ding to tlie interpretation 
of the language of the law of the United States upon this subject, acquies- 
ced in by the commissioner of Geoigia. I find that a surveyor fit for the 
purjjose cannot be engaged in Gcoi'gia for the compensation allowed by 
the Government of the United States. 1 have satisfied myself fully, with 
much pains, that the one appointed by the authorities of Geoi-gia is entire- 
ly competent every way. 1 am willing to take his place myself for a time, 
should any accident happen to sus|)end his progress in the work, so that 
it shall n«)t stop, but shall be ke|)t in progress until he can resume his func- 
tions. I have no objection to fixing his compensation at eight dollars a 
day during all the time he is employed, provided one-half of tliat compen- 
sation be paid by Georgia, the other half by the United States. I think, 
that all his expenses n»ust necessarily be borne, besides his compensation, 
at the joint charge of the two Govprnrnents. 

Answer- to the third question : What number of men shall be engaged ? 

In addition to the number required by the surveyor, which cannot pos- 
sibly be fewer than two chain carriers, four' ])ioiieei's, and three signal 
bear-ers, in all nine, there shoisld be, in my o[)inion, four supernumeraries, 
armed witli riiles ; two to hunt every day alternately, to procur-e IVesh 
meat for the party, the other two to attend as a guard against the inso- 
lence and pilfering of the strolling Indians. 

These men should be engaged to take the places of the surveyor's attend- 
ants, whenever- fatigue, accident, or- irrdisposition may disable any of them. 
They should be hir-ed by the month, at a rate not over S20. Of course, 
there must be driver-s to the wagons irsed in the tr-ansportation of pr-ovi- 
sions and camp e«|uipagefor the coiumissioners, surveyor*, and men of all 
kinds of ser-vice. Strch a party, employed for a purpose which keeps thern 
for several months in an unsettled corrntry, manifestl}' needs one gentle- 
marr to act as coirrmissary for procur-ing, i)r'eserving, arrd issuing the neces- 
sary stor'cs, and another to act as secr-etar-y and accountant ; the two to 
exercise authority over the men at all times when oft' their <lally duty, so 
as to prevent disorderly conduct, or strolling, or negligence in what may 
be required of them at such times, arrd to see that they observe the rules 
declar-erl in the articles «)f agree-nent for service made vith them by the 
commissioners. Upon the commissary will depend the attendance, as far 
4 



26 [ Doc. No. 77. J 

as practicable, of the provision wagons, the drawing of supplies from 
them, the preparations for encampment every night, and diet at the proner 
times. ^ * 

It will be the dnty of the secretary to make out, every night, a correct 
copy toi- each ot the commissioners of tlie surveyor's field book for the 
day, that they may know with certaintv how the woik is proceeding- in 
regard to accuracy. A necessity might arise for holding intercourse with 
the Indians, who arc numerous not far from the line towards the western 
end, in which case such an officer as the last mentioned would be wanted. 

burveyor's attendants, 9 ; supernumeraries, to serve as guard and hunt- 
ers, alternately, 4 ; officers, 2 ; wagoners and one cook will be wanHng. 

lie above IS respectfully .submitted, in part, to Mr. Spalding, by his 
most obedient, humble servant, TH. M. RANDOLPH 

rk ,„ , , Commissioner, k'c. 

Uariex, fVtdnesdaij, Feb. 14, 1827. 



Fourth query. Shall we provision for the whole operation at this place, 
and tor how long ? * i > 

T. M. Randolph acknowledges himself unable to give an opinion upon 
this question and leaves tlie decision upon it entirelv to the better iudff- 
ment and iniormation of Mr. Spalding. All that he has been able to ieani 
on the road through the Carolinas and Georgia tends to convince that such 
a party as is indispensably necessary on this occasion must be provisioned 
betorehand or subsist upon game killed in the wooijs through which the 
Jine is to be run : tor the country is all new, and, as vet, but little culti- 
vated ; much the smaller part of every crop actually made furnishes food 
lor man; continued emigiHtion to places near keeps all such articles con- 
stantly up to a high price. Tiie troops lately sent to suppress the Indian 
insurrection in the same country must have consumed all that could be had 
lar and near, within their or our reach. If the provisions are to be pro- 
cured so as to be carried out with the men, the place of the greatest trade 
nearest to the rendezvous at Darie!. must, of course, be the best for that 
lairpose. If the party is to rely upon game for subsistence, it will inevi- 
tably disperse before the work can be half finished.* 
hor— '? ^^"'«'^'^"- Shall we employ for transjiort light wagons or pack- 

Tlie former seems jircferable, because half the number of horses will an- 
swer; and if it should be found that the wagons cannot aiwavs accompany 
the party, still they can always keep near eiM.ugh t<. pack from them to it, 
up.m the same horses, the supplies necessary for daily consumption. 

inxui. bha I we make our preparations in all jioints with joint expense ? 
1 ,''^'^- A '";^^""it^'<l States commissioner, in answer to this question^ 
ays belore Mr. Spalding the law of the United States on this subject, and 
the letters to him from the Secretary of War. 

The second section of the act re,p,i,es a joint report upon the operations 
necessary for the purpose intended, anil the result, after the same shall have 
oeen performed, and obtained by the persons employed by the two Govern- 

can onlv sav H.,IV''' •n'^"'""^'' " ^"'! t' '"'^" '""•'^''" '^"^ commissioner of the United States 

ever on n in t .1 m "" ''^^'V^' ^' ^?''^*'"^ *"^ *''^ '*""'^>°'-' ^^'- McUride. in what, 
ever opm.on they may tojjether form upon that point, not exceeding three months. 



[ Doc. No. 77. J 27 

menls " acting in conjunction." The tliinl section appropriates S5,000 to 
defray the exjiense on the part of tlie United States. One of the letters 
from the Secretary of War to tliat commissioner, acting under his orders, 
says, " you will regard the a])j)ropriati()n made by the Congress, in cariy- 
ing into effect this trust, and in no case exceed it. It is desirable that every 
attention be paid to making the undertaking economical, and as much be- 
' low the appropriation as possible." Anotlier uses this language: "in 
regard to all the details having reference to the survey, wiiether these re- 
late to the selection of a surveyor, or other matters connected with the 
execution of the trust confided to you, they are referred by the President 
to your agency and discretion." 

The commissioner of tlie United States cannot hesitate to believe that 
he is fully authorized to give an opinion on this subject ; and, accordingly, 
he declares to Mr. Spalding that he is fully convinced himself of the pro- 
priety of making all i)reparations and carrying all operations on at the 
joint expense. 

Seventh- What sum may be deemed necessai'y for the procuring of pro- 
visions and equipments for the commissionei-s arid gentlemen who attend 
them, with the sui-veyor and men engaged under* him ? 

The number of persons once determined by the two commissioner's, and 
actually selected and employed by the surveyor, also the pr'obable time the 
opcr-ations may take, once calculated, Mr\ Spalding, who knows best what 
articles are requisite, as well as their prices in the nearest great market 
towns, can best determine what sum it may require to procure them. The 
commissioner of the United States will readily acquiesce in any which 
the appropriation made by Congress will justify. 

Eighth. Will it be necessary to be furnished with moneyed means to 
meet the accidents to which every human oj)eration is subject ; or shall we 
depend upon sending for these aids after they have become necessary ? 

Jlnsv^er. Money might be wanted to pay off men discharged for* any one 
of a variety of causes which it is obvious may possibly produce that effect: 
something indispensable might be lost, or in some unavoidable way rendei-ed 
useless ; in which case, to save time and expense, it must be replaced from 
the nearest settlement where it can be jjr-ocured. Whatever- money may 
be carried, will be as entir-ely sale in the pocket of Mr. Spalding as any- 
where ic could be put. It need not be remarked that such a circumstance 
should be a jjr'ofourrd secret, for the knowledge of it might excite daring 
cupiility in Indians or others. 

JYinth. In what manner sliall we procure the funds necessary for carry- 
ing into effect our resolutions ? 

.Answer. If Mr. Spalding cannot pr'ocui-e them from the resources of 
Georgia, by aj)])lication to the Governor*, or in some more immediate way 
here, the commencement of the sui'vey cannot be made until communica- 
tion between the commissioner* of the United States and his Goverinnent 
shall be had, and the oi*ders of the Pi*e?iident received. 

Money can or)ly be drawn from the Tieasur'y of the United States, 
under the appi-opriation for this |)ur*pose, by the requisition of the head of 
the War Depai*tmcnt. That the United States Tieasur*y will be liable 
to the authorities of Georgia for* any advance it may make for the purpose 
of running this line, pr"ovidcd it neither exceed one moiety of the expense 
actually and unavoidably incurred in the pi*osecution of the intention of 
Congress in this particular case, nor yet exceed the whole amount of the 



28 [ Doc. No. 77. ] 

approjjriation made by tliem on the occasion, need not be demonstrated to 
the authoi-iliesoC Georgia. 

Mr. Spahiing may rely upon the commissioner of the United States for 
Nvfiatevcr co-opei-ation he may require from him in this and all other points. 
Most respectfully submitted, by 

THOMAS M. RANDOLPH, Sen. 

Commissioner, ^c. 
To Thomas Spalding, Esq. 

Commissioner, ^c. 



Memoranda of points to be determined with Governor Randolph. 

1st. Shall we commence running the line of separation between Georgia 
and Florida on the St. Mary's or at the Chattahoochie ? 

2d. Shall there be one or two surveyors ? 

3d. What number of men shall be engaged ? 

4th. Shall we j)rovision them for the whole operation at this place, and 
for how long ? 

5th. Siiall we employ, for transport, light wag«ms or pack-horses ? 

6tli. Shall we make our preparations in all points at the joint expense ? 

7th. Wliat sum may be deemed necessary for the procuring of provi- 
sions and equipments for the commissioners and gentlemen who attend 
them ? for the surveyor and men engaged under him ? 

8th. Will it be necessary to be provided with moneyed means to meet 
the accidents to which every human operation is subject, or shall we de- 
per)d upon sending for these aids after they become necessary ? 

9th. In what manner shall be })rocured the funds necessary for carrying 
into effect our rescdutions ? 

Respectfully submitted to Governor Randolpfi, by 

THOMAS SPALDING, 

Commissioner, ^c. 

Darien, February 13, 1827. 



East Florida, near Lake Oklahatciie, 

Saturday, Jlarch Z4, 1827. 
Sir: I have the honor to inform the President of the United States, 
through that de[)artment over which you preside, that the patty occupied 
in running tlie boimdary line between Georgia and Flori<la ari-ived on the 
St. Mary's upon the Gth day of March. On the 8th, Mr. Mcliride. tiic 
surveyor a|)|»ointe(l by the Governor of Georgia, with a company of men 
of his own selection, comnicnced tliat operation by measuring one mile 
due north from the mound made by Ellicott and Minor, in the spring of the 
year 1800, to indicate the vicinity of the head of St. Mary's, then inap- 
proachable by them. From the extremity of that one mile, they began a 
line in the course noith 85° 46' 45 " west, calcidated and intended to I'eacli 
the junction of the Flint and Chattahodchie arms of the Apj)alacliicola rivei-, 
by adellexion to the west of 2' 27 " in every five miles. The line soon en- 
tered a swamp of such extent, that, although C(»mp!etely separated from 



[ Doc. No. 77. J 29 

the Great Okefenokre by a naiiow and low but dry istbnius, cnvncd \\itli 
iDug-Ieafed j)iiie and Ian jjalmotto, it «ii(l iii)t eiucige iitidoi* lil'tceii miles. 
Ill a lew ciiaiiis under tbirty miles, tbe Suwanee jiver was crossed without 
making an offset; and there is now no ground to appi-ehend that such an 
intermission in tbe woi-k will take place on the |)ait ul' tbe line, except in 
the case of ponds too (leejj to j)ass, but beyond wbicli the signals can be 
distinctly seen. The line misses tlie Suwanucbee, but intersects tbe Ala- 
jjahaw ar)d NVytbhicoocbie bcanciics of tbe Suwanee river. Of ihe chain 
of lakes lying on this i)art of tiie lim', all except this, near wliich we now 
are, will l)c in Georgia ; some of the others are ten or tifUH-n miles in cir- 
cuniference. This is a mile long, and not much less in width, with trans- 
l)arent waters and dry banks, in the midst of a fertile counti-y, with scenery 
truly picturesque, and highly beautiful. Uf the climate, 1 can say iu)tbing 
nnn-e than that, since tbe 25th day of January, when I entercil South 
Carolina, there has been an unintei-rupted continuance of the finest sjjring 
weather 1 ever witnessed in my life, with no moi-e rain tlian what has afford- 
ed a variation as agreeable as neccssai'y to vegetation. I have not had the 
honor as yet to i-eceive any communication from your dejjartment since 1 
lef Richmond, but trust that I may, nevertheless, befoi-e I reach tl)C Chat- 
tahooclne, be gratified witli the answer I have so long and so much desired, 
to my application from Albemarle, early in December, Inr a coj)y of the 
report made l)y Eliicott and Mifn)i- in ISOO. As yet, I cannot myself say 
what resolution I shall take as to making tlie line j)ermanently, if 1 
remain unprovided with that important document, which must iiavc been 
lost in the endeavors to transmit it to me by mail. I shall go to Tallahas- 
see from the nrai'cst point of the line to that place, with the bopt^ of finding 
the important communication there. 1 have strong hope that the line now 
running w ill terminate so near to the western extreujity of the ti-ue boun- 
dary, that the letiiru line will soon coincide with it; in whicli case, we 
have no more to do than to make a small mouinl at each of the mile stakes 
already erected, and inscribed with the distance, as the line has advanced. 
The last operation will be to continue the boundary eastward until it 
reaches the St. Mary's rivei*. Tbe two most important geogi'aj)bical facts 
already ascertained are, that tbe bead spring of St. Mary's lies to the 
south of the point where the line will intersect that river, and that no [jart 
of the Great (Jkefenokee swamp lies in Florida. Eliicott and Minor ap- 
pear to have nu\de a judicious compi'omise : for a straight line from the 
mouth of the Flint i-iver, passing thi-ough the ])oint designated as the 
head of St. Mai'y's, would certainly cut off a slij) of tciritory lying on 
tbe south side of St. Mary's i-ivci-, and the north side of the line. 
I have tbe honor to be, sir, vours, he 

THOMAS M. RANDOLPH. Sen. 

Commissioner, ^c. 
The Hon. Jamks Barbouk, 

Secretary of War, 



Tallahassee, Jipril 7, 1827. 
Sir : I have the honor to inform you that the line passed the Yamonia 
lake on Thursday, 5th inst. The distance of 115 miles was measured to 
the main post road to this place, where it passes that body of water. The 



80 [ Doc. No. 77. ] 

divergence nortli, from all former lines, has been constantly increasing. It 
was there two miles ; and there is now cvevy reason to apprchetid that our 
experiment line will terminate noith of the settled western extremity of the 
true boundary. Nevertheless, having once ascertained the true cause with 
precision, we can avail ourselves of it fully on our return, to correct by ; 
and we shall have no need of going through the swamps again ; for we can 
always find the true line beyond by measuring very exactly the rectangular 
distance between the two, where they enter such places. I am slill with- 
out any c<»mmunication from you since December 25d. That circumstance 
])laces me on ground upon w hicli the subordinate officer of the President 
of the United States ought not to be permitted to stand. As I have to de- 
pend on my own resources of a'l sorts, I feel even a higher responsibility, 
and more zeal and impatience, than I might othei-wise have done. But it is 
manifest that 1 can have no control whatever over the expenditure; and, 
also, that a continuance of the same deteimined support of the interests of 
the United States on the occasion may j)ut an end to all further proceeding, 
and render that expense fruitless, and all our labor unavailing. I shall act 
as I jjcrsuade myself the President would do, if he were, in every respect, 
in my situation. 1 shall use every endeavor to attain the end desired w ith- 
out further cost, and, of course, shall be ready to adopt any fair and just 
compromise ofTei-ed to bi-ing the matter to a conclusion, knowing that 
what I assent to cannot bind the Government, if I am wrong. Every thing 
possible, w ith the means we have, shall be done to run the shortest possible 
line between the two settled extremities of the boundary. But if Ellicott 
and Minor have erred in assigjiing their geographical position to those two 
points, it is njanifest that the line between tiiein, traced accoi'ding to calcu- 
lation founded on their results, cannot be the true boundary. The space of 
such possible eri'or corresj)()nd« with lands on the St. Mary's and Suwanee 
of no value whatever, as they are barren naturally, antl occupied by marsh- 
es, which never beconie dry, for the most j)art. There aie, iruleed, some 
truly valuable lands included within the doubtful limits, but scarcely enough 
to defray the charge of the exact operations requisite to give mathematical 
accuracy. 

I have the honor to be, sir, yours, &c. 

[No signature.] 

P. S. Knowing that no ajjology is ever received for slovenly handwrit- 
ing, I should not tiiink of making any, but I cannot refrain from remark- 
ing that the Georgia connnissiouer has a secretary attending him at five 
dollars per diem, and that every man of the party is a (ieorgian but my- 
self, left to depend ujion mys^'lf ahnie, uninstructed, unaided, unprovided, 
obliged to act in cotiti-ariety to their leader* upon important points, among 
men wiio join him in sui)j)ort of an o|Mnioii, daily, almost, declared by him, 
that Geoigia will be forever cramped in her gr-owth, and retarded in im- 
provement, until siie se|)ai"ates I'rom tiie Union. I fiiid (he variation of the 
needle, admitted by the surveyor general here, to differ almost a degree 
from the (piantity settled l)y two correspomiing obsei-vations, made cm the 
St. Mary's by the person employed to run the line at [)resent. Yet the 
means of ascertaining have been exactly the same, viz. the sight vane, 
plumb line, and polar star, at its greatest elongation from the pole. Tlie 
extraordinary divergence north may have happened from iirarcnracy on the 
occasion mentioned. Yet the operation was conducted w ith as much preci- 



[ Doc. No. 77. ] 31 

sion as I ever witnessed ; and I had not, myself, the smallest suspicion of 
error. My confidence in the Georgia surveyor is unabated. He is a man 
of science, oF expertncss, and diligence, with a constancy not to be shaken, 
and a moral character not to be impeached. 

[No signature.] 



Encampment near Lake Yamonia, 

Of East Florida, Jpril 17, 18£7. 

Sir: I have the honor to inform the President of the United States, 
through you, that, wlien the experiment line i-un fi-om the point designated 
by Ellicott and Mitjoi* as tlic head of the St. Mary's liver, toward the junc- 
tion of the rivers Flint and Chattalioochie, had, so nearly as three or four 
miles, approached its termination, a despatch was received by the commis- 
sioners of Geoi'gia from the Executive authority of that State, and com- 
municated to the commissioner of tlic United States, whicl» instantane- 
ously arrested the progress of the line, as it was, according to instructions 
accompanying it, put immediately, without any demand or application, into 
the hands of the latter. The Governor of Georgia recalls the assent of 
Georgia, heretofore supposed to have been delibei-ately and distinctly given, 
to the concuirent operations provided for by tiie act of Congress relative 
to the Florida Ijoundary in contijiuance and completion of those formeily 
conducted by the c<mimissioners of the United States and Spain, with the 
same object, but left by them unfinislied. lie declares that another inves- 
tigation of the source of the St. Mary's, and a more satisfactory demoji- 
stration of its locality, must be made, liefore Georgia will consent to i-c- 
ceive, as hei- southern boundaiy, any line run between the geogra|)hical 
])oints determined and designated as the terminations east and west of such 
a line; unless it should be found that one of these points, the eastern, has, 
in fact, been placed further to the south tlian its true position, when pic- 
cisely determined accoidiiig to the conditions ])rescribed by the tieaty be- 
tween the United States and Spain, in 1795. He, moreovei-, advises, but 
does not command, the commissioner of Geoigia to institute oj)erations 
tending to make such discovery, and communicate the result befoie he pro- 
ceeds further in the work. He lequires him, however, to act in conjunc- 
tion with the commissioner of the United States in such operations, or, in 
case of his refusal, not to prosecute them at all. That conunissioner, hav- 
ing no authoiity which would justify his deliberating, for one moment, on 
such a proposition, proposed to susjjend all further pioceedings until he 
could consult his Government, or to run the course recommended by Elli- 
cott in his journal, with tlie dcHexion presci-ibed, IVom the junction of the 
rivers, ajid see where it would strike the St. Mary's river. 'I'o neither 
w as the commissioner of Georgia willing to give his assent. Both thought 
the i)ublic good would be most i)romote(l by continuing the endeavor to 
terminate the affair, and prevejit the difference likely to arise, by pi-ocur- 
ing a result w liich would ihorougiily fulfil the act of Congress, and be, at 
the same time, likely to give sullicient satisfaction to Georgia. After the 
arrangements made at Darien, the expense actually incurred, all the bene- 
fit of wliich would be lost, tlie pledge given to the men employed to bring 



32 [ Doc. No. 77. J 

them back to that place, and the agi-ecnient made betweeti the comniission- 
eis tliemselves to compromise difterences on all occasions, if jjossible, and 
use all i)iacticable means to attaiti the end iti view, fairly in the progress, 
and c(]iially in the termination, great reluctance to discontinue altogether, 
of course cxistnl in the minds of both. It was at lengtli concluded to i-un 
a line hack by tlie coui-se which t!ie resolution of the plain triangle would 
give, found by the expeiinjent line computed out by an offset to the lines 
formerly run for the same pui-pose, the one mile line at the St. Mary's 
river, and the intended line protracted befoi-e rutj. The (lefl<'xion neccs- 
tary in running a plund) line, has, of couise, been observed. Forty-five 
miles of such a line have been already run, and the calculated distance 
from forjiiir lines, so far, corresponds with the actual rectangular distance 
found to exist. A few more ostensible maiks llsan on the experiment line 
liave been made. The work is no longer considered as capable of pro- 
ducing a final result ; but sanguine hoj)es are entertainetl that it may pr-ove 
so satisfactory, in the issue, as to reconcile both authorities to an arcej)tance 
of it as a com|)romise tlie best likely to be made, because the whole pro- 
ceedings, from the act of Congress to the end of the geographical process, 
have been founded upon a foi-mer com|)roinise, which has remained unim- 
pcached for twenty-seven years, and, moreover, has been confii-med by 
repeated operations ortleied by legislative oi- executive acts, founded u])on 
the general conviction that it was not only ecjuitable, but the best possible 
to be made, according to all the information acquired in tlie time elapsed 
since the date of it. [Sec letter of the United States to Georgia commis- 
sioner, April 9.] The exjieriment line was ajjart and noitli from that run 
by Mr. McNeil, under orders of the sui-veyor general of Florida, jnirsu- 
ant to an Executive mandate, under the administration of Monroe, full 
two miles, wiien more than ten miles from its computed end. As the com- 
mission is constituted, the surveyor appointed by Georgia, and accejitcd 
by the olllcei- of the United States, not tlie less ronsidei-ately and willingly 
because he had no other resource, was, of course, the sole umj)ire in cases 
of diflerence of opinion ; and, as such, of- course, the United States coni- 
missionei' had no control over him in any way. The commissioner of 
Georgia attributed the extraordinary divergence here mentioned to an ei-ror 
in determining the magnetic variation. 'I'hat taken was 50" less than the 
allowance now at Talliihassee, ascertained by onler of the surveyor gene- 
ral, thr<'e and a iialf years ago, in the very same way, viz. sigiit vanes, 
plumb line of thirty feet length, with plummet in watei- to guard against 
agitation hy wind, and the polar star at its greatest observed elongation, 
determined by observation. The correspojidence of two observations, 
made tliroiigh separate nights, near Ellicott's nn)und, gave confidence, al- 
thoiigii the mode was uoithut the commissioner of the United States would 
have prefeired. There is much reason to believe that the geographical 
data for the calculation of the course used, which were assumed from El- 
licott, are incoirect, and iiave vitiated the result. But tlie geographical 
jwint, the junction of Chattahoochie and Flint, is indefinite. Junction of 
the rivers means junction of their waters, which are identified only by 
their common natural banks in their ordinary fullness. The union of these 
is the Junction of two riv«'rs. The term confluence of their streams would 
have had a different meaning. The experiment line now lun would have 
come very near that naturally marked point, although far north of the ex- 



[ Doc. No. 77. ] 83 

tremc of llie submerged grounds projecting from the same, and indicating 
the confluence of the main streams or currents.* 

Very respectfully, 

Your obedient servant, 

TH. M. RANDOLPH. 
James Barbour, Esq. 



MiiiLEDGEViLLE, May 15, 1827. 

Sir : liiave had tlic honor to transmit to you, by mail, three several pack- 
ets, containing the communications made by tiie Governoi* of Georgia to 
tlic commissioner of that State, while we were upon the line, and a cor- 
respondence between the two commissioners, which took place upon the 
suggestion of Mr. Spalding, who declared that he deemed that formality 
necessary. In conseiiuence of the last, communication from Governor 
Troup, all further proceedings sto})pe(l on the 28tli Api'il, the commis- 
sioner of the United States being entirely unprovided witli means to con- 
tinue tliem, or any accrediting testimonial which miglit have supplied the 
place ; which he regrets the more, fi-om the conviction lie is under that the 
result would have been acce[)tcd by the Legislature of Georgia, and a final 
boundary establislied without that additional expense which has been, by 
the interference, rendered unavoidable. The expenditure made on this oc- 
casion has proved much greater tiian any one expected : but it is manifest 
that the United States commissioner could have no control over it, and 
that he could not do otherwise than submit to the judgment of the com- 
missioner of Georgia upon every question of that nature, for the alterna- 
tive to rcquii-e the commissioner of Georgia to submit to him, who was 
much less qualified to judge of such things in Georgia. Much might have 
been saved by bringing out one-half at least of the party from Virginia, 
as was ])roposed. In that case, the work would have been completed, 
and a new investigation for the hcatl of the St. Mai'y's made, which the two 
commissioners had indeed agreed to make wiien they ai-rivcd at the eastern 
end of the line ; that of the United States having proi)osed to take the rc- 
spor.sibility upon himself of concurring, from theentirc conviction that the 
result would thoroughly support the view taken by Congress. By cross- 
ing the St. Mary's at EHicott's mound, above and below, on horseback, 
re])eatcdly, while Mr. Spalding had crossed it only once u{)on a log, I had 
satisfied myself of the accuracy of Ellicott and Minor. Immediately above 
the mound B, the river could not be navigated in a canoe, for it is a narrow 
livnlet, in the middle of a wide bog ; while immediately below, all in sight 
of B, if the ground was cleared of trees and shrubs, it is a river boatable 
for fifteen tons ; above, it came to my horse's knees ; below, half way up 
the saddle skirts at t!ie same time. It is true that, following the course 
of the greatest length of one of the swamps which suj)ply the river, you 
will go southwardly a little : and that swamp, after i-ains, has a percep- 
tible motion in its waters, but another turns \^est, and is much more ex- 
tensive, with much the greater part of its extent on the noi-th of our line. 
The question made by Georgia now is too trilling, in my opinion, to have 
produced those consequences which the ferment excited about Milledgevillc, 

* Trees grow tlicre which would not live out of the water. Tlie junction of two rivers 
cannot be at a place a mile or more below that at which their waters have been already join- 
ed, supposing the natural banks or sides of the chaniiql to identify the waters. 
5 



34 [ Doc. No. 77. J 

I conclude, has rendered expedient. A letter from a Secretary of War, 
in 1819, authorized Georgia to expect a new investigation to determine 
the exact locality of the head of St. Mary's. The expression used is, 
*< the acquisition of the Floridas may change the character of the boun- 
daries.*' But that investigation was really made by Georgia in 1819, 
and the report concluded in these words : ** We are therefore of opinion 
that Mr. EUicott and the Spanish deputation were correct in establishing 
on the northern bank the point of demarcation between the State of Geor- 
gia and the province of East Florida." The question now made did not 
occur to the three commissioners of 1819, all appointed by Georgia. This 
correspondence will be found in the Department of War, and the rej)ort, 
as communicated by Governor Rabun. It is proposed iiere to send a 
Georgia surveyor to search for the head of the river. I cannot omit 
to declare my sentiments in regard to this proposal, that they may not 
be unknown when that case comes up hereafter. Whoever he may be, he 
•will not venture to give an opinion adverse to the public wishes, if 
the excitement in the public mind should be considerable at the time 
upon the question, which is not the case now generally, I am very sure : for 
many more persons have expressed their regret at the interruption, than 
the contrary. Yet, no doubt, by taking a dry time, a survey may be made 
of the rivulet running into St. Mary's near the mound, and the point de- 
termined geographically where it ceases to be a rivulet and becomes a bog, 
supposing the astronomical results of Ellicott, by which the geographical 
position of the mound has been determined, to be correct, and their veri- 
fication by a practical astronomer, furnished with perfect instruments, and 
allowed several weeks at each extremity of the line, ought not to be omit- 
ted on such an occasion. With respect to the western extremity, inquiry 
should then be made whether a point in the bed of the river, rarely ever 
uncovered there, has not been taken for the junction, one mile or more 
south of the cape or headland forming the point of the fork where the 
banks of the two rivers unite, and their waters Join, except in very uncom- 
mon dry seasons. Cypress and other aquatic trees grow all over the beds 
of the rivers to the south, and their streams are seen meandering thi'ough 
them. That is the case with Suwanee, where it is very rapid. I must be 
permitted to declare my opinion, that, if Georgia and the United States 
were to leave the geometrical operations piecisely as they now stand, it 
would give general satisfaction hereafter. 11" the line run westward on this 
occasion as far as the Wythlacoochie, 68 miles, and the line run east- 
ward to the same, 93 miles, with the short course of river between, 
were adopted as the permanent boundary, there could not be any dissatis- 
faction on either side, now or hereafter, and no fui-ther expense would be 
requisite. One straight line will intersect the Wythlacoochie more than 
once, and will leave small portions of Florida on its noi-th, and like frag- 
ments of Georgia on the south, forming fiactional ])art.s, upon a general 
survey, of no value whatever, Tiiese two lines are sulliciently marked as 
they are now ; the first here mentioned by mile stakes numbered, and the 
second by five mile hillocks, made with a hoe, and both well, by blazing 
trees on both sides. 

When tlic ])arty broke up, the majority proceeded to Daiien with the 
provisions which remained, while the commissioner and secretary, with the 
surveyor, chain carriers, and signal bearers, set out directly by the head 
of the Allassaha, a branch of the Suwanee river, and the south bend of 



[ Doc. No. 77. ] 35 

Altamaha, for Milledgeville. 1 accompanied those, of course, with the 
view, first, to close tlic commission and get copies oFall tlic documents, and, 
next, to obey the order of the dcpaitinent issued from the otKce of Indian 
affairs, under dates of December and February la^t, in regard to the 
claims of Baley and Brodnax, for supplies furnished to the friendly Creek. 
Indians, who had been expelled from tlieir country when Mcintosh wa» 
assassinated. When we arrived at the Altamaha, tlie waters of Oakmul- 
gee were so high that it could not be crossed, and we had to make our way, 
after separating from the surveyor and his men, along its banks, for fiCty 
miles up to tlie ferry at Hartford ; before we arrived at which, we hati 
numerous creeks to pass, by wading up to the slioulders, on account of the 
unsoundness of tlieii* bottoms, and were thereby delayed until the Jiight of 
the 6th. On tlie morning of thelOtli, the commissioners sepai'ated. I have 
a copy of the accounts of the expenditure, but I have as yet received 
nothing from the surveyor, for whose residence, in I'utnam county, I shaH 
set out to-moiTo\v, being sure of concluding to-day the business devolved 
on me from the ottice of Indian affairs. Here I may be allowed toinforn 
you that the Creek Indians of the party friendly to the United States are, at 
this time, almost starving; the only subsistence of men, women, and children 
being the root of a kind of bamboo, called here Ciiina briar, (the Smilax 
Suedo China of the botanists,) which is rendred esculent only by a tedious 
preparation, and has not nutritive vii-tue enough to save the lives of their 
children, all of whom will probably perish without immediate relief frosn 
the United States, as most of those of the Seminoles in the jteninsula of 
Florida have already done, from want of wholesome food. No other aid 
from the United States than the issue of one peck of corn a head per week 
would be necessary or expedient. Brigadier General Ware, of the Geoi'gia 
militia, would be the best pecson to address to on this occasion, if it should 
be resolved to do any thing in this case of the utmost possible wretched- 
ness into which tlieir civil broils have brought the part of the nation always 
faithful to the United States. I have no doubt tliat the whole Creek nation 
could be easily prevailed upon now to consent to move over the Mississippi^ 
and the Seminoles will gladly share their destinies at this time. But a 
special mission from the President, best ])erhaps composed of the militairy 
of some rank, w ill be necessary on the occasion, in my opinion. Nothing 
is likely to be done, unless the authoiity be so new and of such dignity as 
to render useless, or vain and unavailing in result, all factious contrivances 
to thwart the views of the Government, from ill will to the agents employed 
by it. These savages are as credulous and indecisive as they are ignorant 
and capricious. With them idle tales or malicious representations and 
statements have as much effect as accurate information. Eveiy thing 
which fosters and stiengthens their natural suspicion and jealousy is well 
received by them. Whatever is done with them, then, must be quick done^ 
and by a commanding influence. I trust what I have here said needs no apo- 
logy, as my attention has been turned to this subject by duties which have- 
been assigned to me from a branch of your department. 1 have already 
forwarded my report in the case of Baley, and shall send tiiat in the case 
of Brodnax by to-morrow's mail. The decisions I have made m these 
cases have been founded upon evidence which would have satisfied my mind 
as a juror, in making up my oi)inion for a verdict iji ( oncurrence with the 
others. If 1 have been deceived, all the persons to whom I have had access, 
and who were in the way to be informed at the time, have been deceived 



[ Doc. No. 77. ] 



also. Assei'lions made by the disapjAointed, springing from jealousy of the 
success of otlicis, have been duly considered by me, iiotwiUistanding their 
want of weight iVoni want of ciiaracter. 

I am authorized to say, in regard to the question with Georgia, about 
the head ot St. Mary's, tiiat, if General Bernard, now in that quarter, were 
lequired to examijie and report, it would be s})eedily decided, without ad- 
ditional expense, in great probability, by tiie next Georgia Legislature and 
C'ongi-e.ss. 

I have the honor to be, sir, 

Ycur u'lOSt obedient, 

TH. M. RANDOLPH. 
The Hon. James BAiiiiorn, Sccrdary aj JVar. 

V. S. 1 consider the departure of Colonel Brearly, before ihe extreme 
<li.stress for want of food jiad fallen upon tiie Greek Indians of Mcintosh's 
party, as very unfortunate ; and 1 feel very sure the Colonel has had some 
bad, if not iuKidicns advice given him cji that subject. They would not 
only enter their names now, Init would actually follow him like hungry 
dogs to be fed, anywiiere he might lead. JSIy information is derived from 
many persons whom 1 have ntet, at diiferent times, some evci-y day for a 
few (hiys back, immediately fiom among them. Tiie wretchedness of the 
Florida Indians was communicated to mc through sure channels of infor- 
mation, while I was in the Territoi-y. 

T. M. R. 



JprilA, 1827. 

My dear Sir : I have considered the subject of your letter addressed 
to me this morning, with ail the capacity 1 have, and with sentiments of 
the highest possible re.'-pcct for your knowledge, judgment, and zeal, to 
procure a just and accmate termination of our undei'taking. 

"^Villl respect to the lines formerly run, I have never had much confidence 
in them, because they have, two or three limes, as 1 understand, diverged, 
converged, intersected, coincided for a space, and sejjarated again. 

1 have conjectured that Watson followed the course recommended by 
Ellicott witiiout making the deflexion ])roposed by liim, and that McNeil 
reserved the course simi)ly, and made liie dellcxion. but, having Watson's 
setting out at hand, as he aitpioached the western end, corrected by it, so 
as to ensure the same termination. 

1 begin to iearwith you that our vai'iation may not have been determined 
with perfect precision; but still, w hen Mr. McBride finds tliut with certainty, 
he can ir.ake use of the guide line, nevertheless, with e(|ual advantage. I 
have ai)proYed of his putting down small temjjorary mile posts, with the 
number of miles inscribed on each, for obvious reasons ; and I have no ob- 
iection at all to having them removed, at the joint charge, as we return. 
\\ iih respect to the unpleasant feelings exciteil in the minds of the people^ 
as we do not jigree in opinion as to the fact itself, I cannot exjjrcss any 
other sentiment than that of sorrow, that any one person, settled near the 
bnundai-y, should be so affected, even for a few days. 1 [)i'oj)o.se to you, 
for your consideration, to print an cxjjlanatory handbill at Tallahassee 
imniediately, if there be a press there ; if not, to let the secretary employ 



[ Doc. No. 77. J 37 

Iiimself in writing a number, to be distribiitet! as widely and speedily as 
possible. ^ly wish is tliat this cxpci-iment line slionjil be continued as 
begun. It cannot make a dilference in time of more than lour days, if that. 
We may tlicn commence anew, at the western extremity, upon EUicoit's 
course, if yon please, with his deilexions, offsetting to the end of our guide 
line, v.liich, it seems, must terminate north of the junction, effacing it as 
^ve return, and making the real boundary by mounds as well as stakes. 
I think it would not be justifiable for mc to accede to yo-.ir proposal to 
abandon a line already run 115 miles out of 155, because its course has 
been further north liian was ex})ccted. I tiust you will consent to its con- 
tinuance unchanged in any way, even if it should tlircaten, before ended, 
more than at present, to be wholly unavailing. 

I beg you to be assured, !iiy dear sir, of the cordiality and sincerity o( 
the sentiments of respect and esteem which it gives mc so much pleasure 
to ex[>ress, on all occasions, with regard to you. 

NVriting, as I do, on my knees from a log, I fear my hand will be scarcely 
legible. It mortifies me extremely to be a barl penman at all times ; but 
I am now too oM to improve in that at least, and must ask your indulgence 
for my inability to write under such circumstances. 
I am, dear sir, 

Your most obedient servant, 

T. M. RANDOLPH, 

Commissioner, (§*c, 

Thomas Spalding, Esq. 

Commissioner, (^"C. 

P. S. I will reply more in detail to your favor of to-day, as soon as it 
may be necessary, ;ind 1 beg your indulgence hv the delay. 



Junction of the Flint and Chattahoochie Rivers, 

Monday, Jlpril 9, 1827. 
My DEAR Sir: I have this moment received a communication from 
Governor Troup, v.hicii, in the frankness of his character, he permits me 
to lay before you. This letter contains, in (letail, the many reasons 
which, from time to time, I have taken the liberty to suggest to you as 
giving a claim to Georgia that the boundary line sliould not, at aiiy event, 
be extended beyond the mound tiiat Ellicott erected near the eastern branch 
of the St. Mary's river; believing, as I have done, from the beginning of 
our survey, t!iat both the streams into which the St. Mary*s is divided, 
take their source far south of the mound : but it is unnecessary for me to 
attem])t to add any tiling to the lucid exposition whicii Governor Troup 
has given, and I only allude to my opinion here, lest it should have been 
supposed I could have lost siglit oftiie rights of Georgia upon this subject. 

Yours, most I'espectfullv, 

TH.* SPALDING. 
To Gov. IlANDOLni, Cominissijner, S^'c. 



Thomas County, v^priV 4, 1827. 

My dbau Siu : Mr. McBride having joined us in camp, I beg leave 

to renew to you the proposition I made two days ago, that we should here 

suspend the experiment line, which can, in no circumstance, be any longer 

necessary ; and I beg to submit to you some reasons in addition to those. 



S8 [ Doc. No. 77. J 

which were contained in my letter to Mr. McBride, and which letter I 
read to you for your approbation. Since that time, Mr. McBride has run 
twenty-eight miles, and, instead of diverging towards either Mr. Mc- 
Neil's or Mr Watson's lines, he is now eleven chains farther from Mr. 
McNeil's, and five chains farther from Mr. Watson's. It is impossible, 
tiierefore, that we can imagine that, in the scarce forty miles which re- 
mains to be run, his line will diverge so far south as to unite with those 
lines which are now distant from his experiment line two miles and an 
eighth. It seems to me that our difficulties have arisen from permitting 
ourselves to suppose that Mr. Walson and Mr. McNeil ran straight lines, 
and not lines describing the arc of a great circle. The continued diverge- 
ment of Mr. McBridc's line from the lines of these gentlemen demon- 
strates, to my mind, conclusively, tliat they, like him, must have pursued 
the arc of a circle, and tliat oui' de\ iation to the north must have arisen 
in a mistaken allowance for variation, and this, too, is now Mr. McBride's 
opinion. As we arc to commence upon our real line at the junction of the 
Flint and Chattahoochie rivers, now distant but forty miles, to proceed 
at once there, and take up Mr. Ellicott's indicated course before any 
error of any consequence, at all important, can have arisen, we will have 
reached this point, when Mr. McBride's experiment line will serve all 
the purposes for which it was originally intended : it will serve to correct 
and to verify our labors upon the line. 

This arrestment of the experiment line has become the more necessary, 
because we have arrived at a part of the country thickly inhabited, and, 
at every progressive mile, we arc filling these inliabitants with uneasiness 
and alarm for their vested rights. It is known to us that the line we have 
been running is but an experiment line, and that its demarcation and 
measurement is only intended for the purj)ose of more readily and more 
truly verifying our future woik, but all this is not known to them ; and, 
although we may say this to those that we may meet in our way, words are 
fleeting and are perishable, while our course has been written upon the 
trees, and their alarms must and will be renewed as soon as we have 
passed. You will ren.en)ber, my good sir, that, from the beginning, I 
have been I'cluctant in consenting to such demarcation, and have only 
j^ielded, from the conviction in my own mind that the superior knowledge 
which you yourself and Mr. McBride possessed upon this subject, might 
make that necessary which to me did not appear so. This necessity, 
however, can certainly now no longer exist ; and I ap])eal to the feelings 
of liberality, which 1 have uniformly found in your bosom, for an indul- 
gence of those feelings which you are now sensible must exist in mine ; 
for suppose, sir, that, by any circumstance, after this experiment line 
should have been run, our work sliould be interrupted — and we hear ru- 
mors of Indian war at the present moment — would not the labors that we 
liave executed do a serious injuiy, by alarming all persons who are em- 
braced within these two lines ? Might it not even generate feuds between 
Georgia ami Florida upon tiie subject of their boundaries, where now 
there are none ? But I trust, my dear sir. I have said enough upon this 
subject; and I therefore most respectfully request your perusal of this 
letter, w ith the copy of the letter addressed, two days ago, to Mr. Mc- 
Bride. 

Yours, &c. 

T. SPALDING. 

To Tii. M. Randolfu, Esq. 



[ Doc. No. 77. ] 39 

Executive Department, 

Milledgeville, 50th March, 1827. 

Dear Sir : I have received your two several communications from the 
Florida line, of the 7th and 12th instant. In draughting your original in- 
structions, it was confidently believed, from tiic best sources of informa- 
tion accessible to me, not only that the latitude and longitude of the two 
mounds, viz. tlie one at the mouth of the Flint, the other at the head of 
the St. Mary*s, had been established with the greatest accuracy and pre- 
cision, but that the latter mound was, in its position, very nearly identical 
Nvith the true source or head of the St. Mary's. I do not learn, from 
either of your communications, that this is not the fact : without knowing 
the relative position of the mound to the head of the river, it would seem 
that the commissioners, in a spirit of compromise, resolved to run the 
northeast line of 640 perches, supposing the head of the river would be 
found witiiin that line. 

The United States had unquestionably the constitutional right to form 
A treaty of boundary with Spain : to that treaty Georgia was no other- 
wise a party than as she was bound by the terms and sti])ulations of it when 
constitutionally made, as one of the States of the confederacy. It has not 
been settled how far, in forming treaties of boundary, the treaty-making 
power can proceed in surrendering, without their consent, territory claim- 
ed by the States. Apart from any constitutional doubts about it, it would 
seem sufficiently evident, in the eye of Justice and equity, that, if the 
United States, in a treaty of boundary with any foreign State, should ex- 
ercise the power of conceding the territory of a State without her consent, 
such State would have a fair claim of indemnity or equivalent against the 
United States — exclusive sacrifices by one State not being demandablc of 
right by the United States for the common benefit of all the States. If, 
therefore, the United States, under the Spanish treaty, had knowingly or 
otherwise, surrendered territory of Georgia to Spaiti, Georgia, under any 
circumstances, would have a just claim of indemnity on that account 
against the United States. If, in the course of events, the territory so 
surrendered should become the property of the United States, (Georgia, 
in the mean time, not having been indemnified,) that State might be con- 
sidered as having a just claim on the United States, either for the resto- 
ration of the territory specifically, or its equivalent. If, by the act of the 
United States, the boundary had been incorrectly established by the 
United States, in consequence of which Georgia lost territory, the obliga- 
tions of the one party and the rights of the other would not have been 
weakened on that account. Georgia would still have lost territory, not 
by her own act of omission, but by the act or omission of the United 
States. The United States would be bound, and most strongly bound, by 
her own act ; if that act produced benefit to Georgia, Georgia migiit take 
advantage of it. The United States could not, by such an act, acquire 
benefit to themselves at the expense of Georgia. The rights of Georgia 
ai'e independent of any act of the commissioner of the United States, 
charged with cairying into effect the treaty with Spain : they rest on her 
own charter, on the treaty of peace, the constitution of the United States, 
and her own constitution. 

If the United States commissioner was correct in establishing the true 
line, Georgia will cheerfully acquiesce. If he was incorrect, the United 



40 [ Doc. No. 77. ] 

States will not consider liis act as binding and obligatory on Georgia, 
more especially as now the question is not between the United States and 
Spain, but between the United States and Georgia; and the more espe- 
cially, too, as the line not having been yet run and marked by the joint 
act of the United States and Georgia, the question may be coiisidered open 
for the ascertainment oftlie true line. If the niound B, therefore, and the 
true head of the St. Mark's, shall coincide, or nearly coincide, we would 
have no objection to that mound as the jjoiiit of departure. If, by his N. 
E. line of 640 pei'ches, Mr. Ellicott has passed the head or source of the 
river, or if, by his stipulating the terminaaon of the mile due north from 
the mound as the ti-ue point, the lines!)ail pass to the north of the head or 
source of the river, it will not be ex[»ccted by the United States tiiat Greor- 
gia will adopt that line as matter of course. 

The commissioner assumed the right so far to depart from the letter of 
the treaty, as to adopt as the point of teimination of departure, not the 
head or source of the St. Mary's, but a j)nint one mile due north from the 
mound B, whether the source or head of the St. Mary's fell within and 
south of that };oint or not; vvhilst, therefore, the United States may be 
governed by that point, if the head of the St. Mary's should be found 
north of it, the State of Georgia will not be govei'ued by the same point, if 
the head of the St. Mary's should be found south of it. Georgia can i-ight- 
fuliy resort to tiie ti-ue iiead of the St. Mary's, if she finds benefit oi- ad- 
vantage in doing so, no matter whether that head be found within the N. 
E. line of 640 jierchcs, or south of it, that being the tjiie point recognised 
by the treaty. The United States cannot take advatitage of their own 
error, to occasion loss to Georgia ; but Geoigia can insist on the act of the 
United States as obligatory on themselves, whetlier the United States suf- 
fer loss by it or not. Georgia is not disposed to derive to herseh' advan- 
tage from any error or mistake committed by the United States. In this 
res])ect, she will be satisfied with a ressdt that will approximate nearly to 
her just claims imdertlie charter, the t!Tiities,and the constitution. The 
Governor does not undertake to decide that the point at which the com- 
missioners have commenced is not the true ])oint; because ho has no 
means of ascertaining wlietlier that point coincides or nearly coincides 
Avith the head of the St. Mary's. Tlic commissioners arc best qualified to 
determine that fact, lie only suggests to the commissionei" of Georgia 
the ])ropriety of adopting, as his guide, not what has actually been done 
by the commissioner of the United Statrs under the ti-caty of 1795, but 
Avhat, according to that and other treaties, ought to have been done. As, 
in a transaction of this kind with the United States, thcj-c can exist no 
motive for concealment or disguise, and the less so because of the higli and 
honorable character of the gentleman wlio repi-esents the United States, 
you are at liberty to disclose to him, without reserve, the contents of this 
paper. If tiie vicv, s presented by it are not in accordance with his own, 
he will candidly inform you wiial his own are. 

The propriety of recognising the grants of Georgia for lands which 
may be left out by the permanent line, is obvious, and would have been 
cxj)ected from the well I.;,f>v, n lil)erality of Governor Randolph. 

it was not the intention of the instructions that the mound near to the 
junction of the Flint and Chattahoochie should b^- taken as the point of ter- 
mination or dcpi.rlure, Init the junction itself. >Aliatever be the result of 
the joint proceedings of the two commissioners, peiinit me to suggest the 



[ Doc. No. 77. ] 41 

expediency of (provided the season sliould prove favorable for the object) 
an accurate survey, if practicable, of the course of tlic St. jNlary's, from 
the uioiind B to its true source. Should the true source not be found at 
the mound B, but above it, it is very di-sii-alilc, for moi-e reasons than one, 
that all doubts on this subject should be removed, and on the highest au- 
thority. 

You will not attempt it without the concurrence of Governor Randolph, 
who, I am persuaded, will not withhold that concurrence, particularly as 
the acyustnient of any unfortunate difterencc which may be the result of 
your common eflforts, must chiefly depend on a knowledge of this fact. 
Verv respcctfullv and sincerely, vours, 

G. M. Tiiour. 

To Thos. Spalding, Esq. 

Commissioner, <^'c. 



Encampment in the Woods, 

J\''c(ir the junction of Flint and Chattahoochie, 
Tuesday, Jiyril 10, 1827. 

Dear Sir : For your prompt commmiication of the recent despatches 
received by you from Governor Trouj), I make my cordial acknowledg- 
ment. I shall certainly have no liesitation in communicating to you what- 
ever instructions I may receive on this occasion; for, as I understand our 
duty, there can be no collision or misunderstanding bearing any relation 
to it ; as we have merely to comjjietc operations formerly coniEnenced, and 
left nnnni.slicd, having their foundation in views and decisions settled by 
an acquiescence of twenty-seven years on the })ai't of Georgia, and even 
acted upon by her authorities on more tlian one occasion befoi'C, of the 
same nature with this. I can do no more than co-operate with you in car- 
rying into execution an act of Congress, by running a straight line, 
which c-AW only mean the shortest jiossiblc line between two [joints geo- 
graphically determiiK'd twenty-seven years ago. The eastern point is 
that di'signatcd by the commissioners EUicott and Minoi-, who have dis- 
tinctly declared that the licad of St. Mary's is so far indeterminate, that 
it lies within a certain desrril)cd circle of considerable radius, and has a 
certain longitude and latitude, but has never been marked or described in 
any other way, or even found witli certainty as yet. 

The western point is the junction of the waters of two rivers, by which 
is plainly meant the extremity of the tongue of land between them, or that 
spot upor» whi(-h, when you stafid, one of your arms is extended over the 
waters of one rivei-, and the other over those of t!ie other river. It is obvi- 
ous that t!te river iniist, at the time of decision, be completely within its 
banks, and yet not at the lowest state of its watei-s. Tlie western })i)int 
once fixed upon thus, and a jn-oper trigonometrical calculation made, aline 
may be run by the compass, inaldng a calculated deflexion from an ordi- 
nary compass or thumb line, wiiich is demonstrably the shortest line be- 
tween the two ])()ints. and Ihercfore the straig!it line demanded. As the 
commissioner of the United States. Ellicolt. has given the course and de- 
flexion wanted, with the calculation by which he an-ivcd at it, I do not 
think any other should be attempted, and I am willing to proceed immedi- 
6 



42 [ Doc. No. 77. J 

ately with that. I should be satisfied, myself, to co-operate with you in a 
further investigation to find the source of the St. Mary's river, and a more 
exact demonstration of its locality; but I have no authority to concur in 
such operations, and could notsuffer myself to indulge one moment's thought 
about it ; besides, I believe the said source not only to be indeterminate, 
but indeterminable by any geometrical or any physical process whatever. 
If the river derived its supply of water from springs, tliat which furnisljed 
the most water in the course of the year might be found and declared to be 
the head spring, or that which happened to be the farthest from the mouth 
of the river. But, in fact, the river in question has its origin in a marshy 
country, of great extent, with few or no springs, deriving its waters from 
rain altogether ; of course, affording unequal supplies from any given sur- 
face, in any given time. In such a case, the dispute could be settled by 
compromise only, and such a compromise was made in the most regular 
manner twenty -seven years ago, accepted with consent at the time by 
Georgia, and never complained of until now. 

It is my opinion that a better could not now be made by any persons 
whatever, nor can I believe that any cession was made of territory belong- 
ing to Georgia. An adjustment of boundaries with Spain then can no 
more be considered a cession of territory belonging to a State, than with 
Great Britain now, under the treaty of Ghent. To conclude, it is my de- 
liberate opinion that we ought not to pi'oceed any further at present, but 
separate, consult the authorities by wiiich we are constituted, and meet 
again in November, to finish then. lam willing to concur with you as far 
as I can without compromitting myself. 

Pardon my bad writing : I am willing to do every thing in my power, 
and I conscientiously believe myself competent to what I have undertaken, 
both in mind and body; but if penmanship be a necessary requisite, I may 
retire from the undertaking with as much despatch as I should with satis- 
faction, having no motive whatever to influence me, but barely the deter- 
mination to do my duty as accurately as I possibly can, however roughly 
it may be. 

Permit me to declare my high esteem and cordial regard for yourself, 
and gratify mc so far as to assure Governor Troup of my continued senti- 
ments of admiration for his character. 

Your most obedient, humble servant, 

TU. M. RANDOLPH. 

T. Spalding, Esq., Commissioner, ^'c. 



Executive Department, Georgia, 

Milledgeville, 18th Jipril, 1827. 
My dear Sir: I received your despatch of the 10th instant this after- 
noon. I am not insensible to tiie many difticulties you have had to encoun- 
ter in running the line; dilficulties rendered supportable only by the har- 
monious and friendly intercourse Nviiich lias been uninterruptedly main- 
tained, and very much to my own gratification, between Governor ilandolph 
and yourself. Reposir)g the highest confidence in your patriotism and 
ability, it was already known to me that tiie rights and interests of Georgia 
would be stistained as they ought to be, and that, at your hands, they could 
suffer no detriment but from causes for which you could by no means be 



[ Doc. No. 77. ] 43 

held responsible. It was equally well known that if Georgia suffered in- 
jury by the agency of Governor Randolph, the fault or blame would not be 
his ; he would willingly do wrong to nobody. 

It was apprehended, on the receipt of your letter of the 12th ultimo, 
that there must be something imperative in the instructions of the United 
States commissioner, which prohibited him from adopting the mound. It 
is now certain that his instructions, given in conformity with the act of 
Congress, limit him expressly, not to the head of the St. Mary's, but to 
the point agreed on by the United States and Spanish commissioners, under 
the treaty of '95. You have discovere<l, to your own satisfaction at least, 
that the head of the St. Mary's is different from, and south of, that point, 
and even south of the mound itself. There is no alternative now, but to 
adopt the proposition of Governor Randolph, and jmstpone, for the present, 
further operations, until the two Governments shall come to an under- 
standing whether the line adopted by Messrs. Ellicott and Minor, under 
the influence of error and mistake, and in a spirit of compromise, shall be 
the true line, or whether that established by the charter of Georgia, the 
treaty of '83, the treaty of '95, and the constitution of Georgia, shall be. 

The approach of the hot season, on a low and marshy country, abound- 
ing with insects, and exposing you and your party to disease, the expense 
of rutining and marking a line, which may or may not be adopted by the 
two Governments, the temporary evil resulting from conflicting jurisdic- 
tions to which the establishment of such a line may give rise, besides the 
apparent countenance and sanction given to it by the act of Georgia, and 
my decided inipression that the Legislature of Georgia will not consent to 
sanction that line, all concur in recommending the expediency of discon- 
tinuing your operations for the present. It is true that the act of Congress 
cannot make that right which is essentially wrong : it cannot legalize 
contradiction or inconsistency : it cannot, for the purpose of carrying into 
effect the treaty of '95, assume a point different from that assumed by the 
treaty. This would be a violation, not an execution of the treaty. The 
United States had not the power, much less had Mr. Ellicott, to designate 
a point one mile north of the head of the St. Mary's. The United States 
and Spain, in carrying that treaty into effect, had not the power to do it, 
to the injury of a third party. Mr. Ellicott himself had no conception 
that he was vested with any discretion to do so. He sought the head of 
the St. Mary's as the only true point ; if he missed it, it will not be made 
a question whether Georgia and the United States shall take the treaty 
itself, or Mr. Ellicott's mistake, as their rule of conduct. 

Whilst, therefore, it was plain enough that Congress had adopted the 
mistake of Mr. Ellicott, it was sincerely hoped that the instructions to 
Governor Randolph might so far deviate from the letter of the act as to 
have permitted him to adopt the letter of the treaty, rather than the letter 
of the act inconsistent with it ; and the more so, as the one is the supreme 
law, the other not. It is not designed to enter upon a discussion of this 
matter heri*, but (in passing) it is well to remark that the United States 
commissioner is under a misapprehension when he believes that Georgia 
has acquiesced for twenty-seven yeais in the correctness of the work of 
Mr. Ellicott and Mr. Minor. Georgia has given no sign or demonstra- 
tion of such acquiescence, cither express or implied, uithin that time. On 
the contrary, when any question occurred requiring any sign or demon- 
stration in relation to it, Georgia has invariably looked to the head or 



44 [ Doc. No. 77. ] 

source of the St. i^Iary's as the true ])oint ; and it Is known to you that, 
many years since, looking to that source as the only true ]Kjint, her Legis- 
lature had authorized commissions charged with the ascertainment of the 
true head or source of that rivei-, and witli a view, as ex[)!essly stated in 
their resolutions, to the cm-rection of any ei'ror which nsay have been cojn- 
mitted by Mr. Ellicott. The results of those commissions were commu- 
nicated to the War Department, for the information of the President. 

Tlie President may believe himself authoj-ized to conform the instruc- 
tions of the commissioner to t!ie terms of the treaty; if so, your opera- 
tions can be renewed in the fall. Otherwise an opportunity must be afrord- 
cd to the Congress to reconsider the subject, that tiie provisions of the act 
may be made to correspond with tiie provisions of the treaty. 
With great consideration, dear sii-, 

Your fiiend and servant, 

GEORGE M. TPtOUP. 
To Thomas Spalding, Esq. 

Coinmissiomr, c^'c. 
Copied from the original. 

J. G. BELL, Secretarij, <^c. 



Encampment i\ the Woods, 

Near the junction of Flint and Chattahoochie^ 
Tuesday, April 10, 1827. 
Deah Sir : Williout entering further into the discussion, at this time, 
of \viiat ought to have been the boundary line between Geoi'gia antl Florida, 
I believe 1 shall but consult the interests of both, by joining vvith you in 
extending the line between the junction of tlie Flint and the Chattahoochic 
rivers, and the point of our departure at St. Mary's. If, hereafter, the 
Governments we represent believe the object wortliy of a more deliberate 
examination, I lely, witii conhdence, that justice will not be denied to the 
party that might be aggrieved by our determination. And I beg of you 
to accejjt assurances of my siiicere respect and esteem. 

T. SPALDING. 
To Gov. Randolph, Commissioner, c^x. S,'C. 



Encampment on the Wytiilacooci'iie, 

Between McNeiVs and McBride''s Lines, 
April 26, 1827. 
My DEAii Siu : Having this moment returned from the compass and 
cliain party, I am the better recoiuilcd to the manifest result of the intelli- 
gence comnnmicated, by having just found tlic retm-n line inlcrsect the 
Wythlac.oochie t\\ i(X' upon this day. tiiereby leaving a sli|> of land on its 
north and east side belonging to Floi'ida, and anotlier smaller slip on its 
op])osite side behmging to Georgia. The torrents of rain lately fallen, 
which bar our passage eastward from this, by the swell of small creeks, 
at presenr, have, of course, swelled the Wythlacoochie also so greatly as 
to make long olfsels. nj)on uneven and roughly covered ground, absolutely 
iiecessai-y, and I left the surveyor employed in making them, lie has, in 
person, swam the river once, with every man of the party this time, and 



[ Doc. No. 77. ] 45 



NV«uil(l liavc it to swim again twice moi-c : indeed, it is by no means cer- 
tainly otiiei'wise t!ian twice nsore in addition, if wc were to deny him the 
facility of an ofl'set, the error ot which (and snch operations arc never 
without error) must inevitably be carried on. augmenting w ith the distance, 
to the eastern end of the line, as already agreed upon accoiding to the 
{previous understanding between ns of ous' jcs])cctive authoi'ities. Now, 
all oui- consolation liilherto has been <!erived from the hoj;c tiiat we should, 
in reUiiiiing, strike so \cry close to the point of our original departure as 
to satisfy all minds, and i)ut an end to questions about boumlaiies older 
than the Govei'iiment of Georgia itself, as nuich older as that is than our 
United States. All such hope being now extinguished,! cannot pass over 
this opjxirlunity, hurried and constrained in conveniences as it is, to make 
jt j)ublicly known, foi- future benefit, tliat, at another and a healthier sea- 
son than that of the tropical rains, which we have lately borne without any 
other roof than a very flimsy tent, it would be (luite })leasant to ford the 
same ri\er, not more than knee deej), at the ^cry same jjlaces. The offset 
Mhich became absolutely neccssar} at the Ochlochney, had already given 
lis discouragement enimgh. 

This is t!»e time for me to write, what I have repeatedly said to you, 
that the President of the United States ordered tlic Secretary oi' War to 
give me the act of Congress, and the report of the commissioners appoint- 
ed in coiise({uence of the obligatory jjrovisions of the ti-eaty between Sj)ain 
and tiie United States, of October, 1795, as all my instructions, accompa- 
nied with the nsujii injunctions of all possible economy in the expenditure 
of the api)roj)riati()n, which a hope was exj)ressed njiglit be found more 
than sutiicient, and a charge as to accountability, with a I'equisition to 
note and communicate all the information I migiit ])i'obabIy obtain, geo- 
gra))hical oi* other, w hlch might pt)ssibly be of use to the Government of 
the United States at any futuic time. I did myself raise tiic question about 
the meaning of the tei-m ''Junction of the rivers." believing, beibi'c, that 
the geograj)hit:aI posiiioa of the two ends of the line had been long ago 
settled ; and, unexpectedly lindlng tliat the eastern was <!isputcd, I naturally 
enough threw- open tliat of the western also, by showing that it was fairly 
disputable : for Watson had, ex parte, determined it for Georgia, sup- 
posing t!ic decision of Ellicoti and J!^linor rejected, and McNeil iiad adopt- 
ed Watson's decision. Now, Watson's mark of the western extremity is 
many feet higher than that of McNeil, upon the same trees, of a kind which 
cannot live out of walei'j and the latter is one niile, or {)eri:aps more, to 
judge by the eye and report, w ithout njcasuring, below the real "junction" 
of the waters of the rivers, which have really been blended that distance 
above, at the point wlieje the banks before separate, and, identifying tlie 
di.Terent rivers, have usiited. I did al.jo give it as my j)rivate opinion, that 
the Sj/anish words used in tlie ti-eaty of 1795 had been falsely iranslated : 
for it did not mean head springs, but source or origin of the river St. JMa- 
I'y's, ('' nacimiento,") whicli Pijakes a vei-y imp:)rtanl diU'erence : for that 
river had i's oi-igin in very extensive marshes, which arc suj)i;lied entirely 
by rain water, and not at all by spritigs ; allhong!i, no doubt, some feeble 
head spring might be found to be the farthest ofT from the mouth of the 
rivei', aiid. jiossibly, farther south. than the point agreed uj)on and desig- 
nated by Ellicott and Minor as the geographical jjosition of the true source 
of the river. But these are (juestions to be decided by higher powers and 
intelligences than ours, and I drop them altogether. 1 conclude, then, by 



46 [ Doc. No. 77. ] 

assuring you, in writing, what I have already done often enough in speech, 
that my predilection would certainly be for Georgia on all questions, as I 
now very bitterly regret my not having settled there in 1803, as I deli- 
berately then intended, were 1 not completely restrained at all times, first 
by an enthusiastic republican honesty, and next by my feelings for the 
little State of Florida, which is now so very near its birth to a destiny very 
high indeed, if anticipations are allowable ; founded upon the felicity of 
its climate, the fertility of its soil, and its most extraordinary hydro- 
graphical advantages for uniting, with facility and cheapness, the ocean 
and the gulf. 

Let me not omit to assure you that my proposal to discontirme proceed- 
ings while we were still on the Appalachicola, proceeded from the extreme 
anxiety I had all along felt at never having received from the Department 
of War the report of Ellicott and Minor, the journal of the former, an 
authentic document, having been all along my sole guide ; and for the 
satisfaction I felt in the relief from that anxiety afforded by the declaration 
of Governor Troup, that Georgia would not be bound by any decision that 
^ve might make upon the ground the act of Congress had compelled me to 
take : for I did tlien, and I do now, sincerely believe that 1 was running 
much risk in proceeding throughout without authority, which could give 
right to any conclusion in which I was concerned, and which I might fail 
ultimately to receive in time, as it had been promised me immediately by a 
letter from the Department of War, dated December 23d last, and had not 
the» or now an ived. 1 trust you will not forget, what you have often acknow- 
ledged, and Mr. McBride has constantly confirmed, that the water was 
entirely too cold for him and his men to have carried chain and compass 
through the marsh of fifteen miles of uninterrupted length, at any time 
earlier in the spring than the first of March, when we commenced. 

I cannot let this o])portunity pass without testifying zealously to the high 
moral and intellectual worth, the scientific attainments, the hardihood, 
perseverance, and deteiinincd resolution, with the excellent disposition for 
republican command, of that gentleman. Any uiducky choice of character 
for this party which you may have made, I forget in the strong feelings of 
esteem and kindly regard which I shall ever entertain for yourself, as 
also of gratitude and admiration for your charming family, now enjoying 
in tranquillity all the delights of Sapelo, where you will soon have the 
felicity to join them. 

I part in perfect good will to all, forgiving that rudeness in some of your 
men, which is founded perhaps in temperament, but is nevertheless truly 
jjainful in its effects to men of my age, who love quiet, and literature, and 
science, alone, in this world, after their own family. 

Permit me, then, before I conclude, to express my very higlj esteem for 
Mr. Bell, whose deportment, conduct, manners, and opinions, have been 
entirely unexceptionable to tliis hour from that of our leaving Darien. 

I will reply to the latter part of your letter to-morrow, when I have 
more time, and shall have given more consideration to it. 
1 am, my dear sir. 

Most sincerely, your friend, 

As well as your most obedient servant, 

T. M. RANDOLPH, Sen. 

T. Spalding, Covimissioner, ^'c. 

A true copy from the original. 

J. G. B., Secretary, cj'c. 



[ Doc. No. 77. J 47 

Near the Wythlacoochie, 

^prii 27, 1827. 

My dear Sir : Accept my thanks for the kindly sentiments contained 
in your letter of yesterday, in reply to mine communicating Gov. Troup's 
instructions. 

I certainly conceive that, from the nature of the country in which we 
have been acting, our labors could not have been carried on in the winter; 
and this I believe to have been the opinion also of Mr. McBride. 

Will you permit me to say, in the closing of our labors, that the direct 
control of our men in camp was what, in the commencement of our under- 
taking, was as little in my expectation as in my inclination, and that our 
situation did not admit any careful selection of persons for the service. 

The boisterous hilarity of some, I iiave too often felt to be little recon- 
cilable to the tastes of either yourself or myself; but I hope and believe 
that soon all that was wrong will be forgotten, and only what may be 
pleasant to remember will be remembered by either of us. 

For myself, my dear sir, anxious for your esteem, I shall be proud of 
your recollections. 

With esteem and respect, &c. 

T. SPALDING. 

To Gov. Randolph. 



Department of War, May 22, 1827. 

Sir : I have had the honor to receive the copies of the correspondence 
between you and the Georgia commissioners, and regret the circumstances 
which have made it necessary to discontinue your operations in running 
the dividing line between Georgia and Florida. As your duties, therefore, 
have ceased for the present, you can i-eturn to your home as soon as it may 
suit your convenience to do so. Previous to which, however, I request 
your attention to the case of Major Baley, which was, some time since, 
referred to you for your examination and report. 

I have, &c. &c. 

JAMES BARBOUR. 

To Thomas M. Randolph, Esq. 



Message from the President of the United States, transmitting copies of 
communications from the Governor of Georgia, relating to the line 
dividing that State from the Territory of Florida. 

Washington, 22d January, 1828. 

To the Senate and House of Representatives of the United States : 

By the report of the Secretary of War, and the documents from that 
department, exiiibited to Congress at the commencement of their present 
session, they were advised of the measures taken for carrying into execu- 
tion the act of 4tli May, 1826, to authorize the President of the United 
States to run and mark a line dividing the Territory of Florida from the 



48 [ Doc. No. 77. ] 

State of Georgia, and of their unsuccessful result. I now transmit to Con- 
gress coj)ies of communications received from the Governor of Georgia, 
relating to that subject. 

JOHN QUINCY ADAMS. 



Executive Depaktment, 

Milledgcxille, 9.0th jYovemher, 1827. 

Sin : On the question which has arisen between the State of Georgia 
and the United Slates, during the recent efTort to mark tlie boundai'v line 
between tiiis State and the Territory of Florida, it will, it is presumed, 
be satisfactory to you to examine, before the meeting of Congress, the 
evidence on which the State relics to establisii the fact that the source of 
the St. Mary's is the lake or spring from whicli issues the most southern 
hrancli of that river, and, therefoi-e.; the spot at which must terminate tiie 
straight lino to be drawn from the junction of the Flint and Chattahoocliie 
rivei's, according to tiie second article of the treaty between the United 
States and S])ain, of the 27th of October, 1795. The subject iiaving been 
b)"0ug!it before tiic General Assembly by my predecessor, and not yet acted 
on by them, it would be improper for me to do more, in transmitting that 
evidence, than to request your attention to it ; no doubt being entertained 
that its force and importance will be duly weighed. 
I have the hoiior to be. 

With perfect consideration, 

Your obedient servant, 

JOHN FORSYTH. 
The President of the United States. 



Copy of the report of John McBride^ Esq. relative to the source of the 

St. 3Iary''s river. 

Eatonton, August 7, 1827. 

■ Sir : Agreeably to your insti-uctions of the 20tlj of Julie last, requiring 
mc, under the direction of Thomas Spalding. Esq., conimissimier, to 
ascertain the true head or source of the St. Mary's liver, 1 proceeded 
immediately to Darien, in oi-der to join "vir. Spalding, For reasons wjiich 
he has detailed to you, Mr. Sj)aldii)g believed it unnecessary that he should 
acconijiany mc in the tour, and superintend, personally, the dischai'gc of 
the duties confided to ns. Aficr receiving from him every requisite aid 
in jirocuiiiig suj)plics and transportation, and, at my request, his written 
instructions, I lepaircd, without delay, to the region which I was to exa- 
mine, ami arrived at Filman's on the 3d of July. 

IJy reference to the chart which accompanies this report, it will be seen 
that the St. Mary's is formed by three principal brandies — the north, the 
west, ami the south. To ascertain the source of each of these branches, 
their lengtii, ami lelative magnitude at their jiointsof coniluence with each 
other, N\as considered the object of my mission. And, having learned' 
that the north and sout!» branches unite about four miles below the mound 



[ Doc. No. 77. J 49 

A, or commissioners* encampment, I proceeded to that point, and care- 
fully measured the width, depth, and velocity of the current of each branch, 
both at the junction and about half a mile above it. From the mean result 
of these observations, it appears that the south branch discharges 1,369, 
and the north branch 993 cubic feet of water per minute. Hence, the 
south branch is to the north as 1,369 to 993, or very nearly as 40 to 29. 
A traverse was commerjced near the junction, and continued up the south 
branch to the outlet of Lake Spalding, about tliirty miles, and another 
traverse four miles in length, connecting Lake Spalding with Lake Ran- 
dolph. These are beautiful lakes of trans[>arent water ; the f(irmer sup- 
posed to be nine miles in circumference, the latter twelve. As no sound- 
ings could be made, their depth is unknown. The sources of the south 
and west branch being thus ascertaitied, the vcdumc of water contained 
in the north and west branches was tiicn measured at their junction, and 
the following result obtained : 

Cubic feet of water dischai-ged by the noith branch in one minute, 159 
Do. do. west branch do. 238 

The fact is then clearly established, that, of the three brandies into 
which the St. Mary's is divided, tlie south is the greatest, and the north 
is the least, though it is represeiitejl by Messrs. Ellicott and Minor as the 
principal. The only criteria for determinitig tlie principal hrancli of a 
river nnist be its Icngtii, volume of water, and general direction ; and 
these all coincide in the soutii branch of liie St. Mary's. It is three 
miles longer than either of the other branches, and discharges one-third 
more water than both of them togethei'. Its general direction agrees with 
that of the lower sectiou of the river inucli hotter tlian either of tlje other 
branches. If a line be drawn from Point Petre to the confluence of the 
nortli and soutli braiiches, and indefinitely pi'oduced toward tlic southwest,. 
it will pass tlii'ough Lake Spalding, tlic source of the soutli branch. 

It had been intended to make a running survey of the north branch also,, 
but, from the wry satisfactory nature of the information already obtained, 
together with some previous knowledge oi' the sources of tlie north branch, 
this intention was abandoned, believing that a further examination, while 
it would be attended with additional expense, could be productive of no- 
real utility. 

In collecting information respecting the topography of the country which 
it had become my duty to examine, I availed myself of tlieaid whicli could 
be afforded by the inhabitants. Thougli the population is extremely sparse, 
yet no country is better known than this. Resorting tiatlier for the bene- 
fits of the chase, and for the pasturage of immense herds of cattle, their 
knowledge of the country is extensive and accurate : and experience has 
proven that information derived from them may be safely confided in. 
Messrs. Cone, Brown, IJaibour, Jernigan, and Sparkman, of Camden 
county, and Filman, Ellis, Parrish, ami Long, of Florida, have freely C(»m- 
municated any information that has been re(|uested of them ; and 1 have 
the satisfaction of being able to inform your Excellency, that, in support 
of my own opinion, chiefly founded upon actual admeasurement, tiiese men 
have no doubt but that 'the north branch of the St. Mary's is less than 
either of the other two, and that it can have no just pretensions to being 
considered the priticipal. By Mr. Filman, who lives witinn half a mile 
of the Pine Log, I was informed that, at the time of making this examina- 
7 



50 , [ Doc. No. 77. J 

tion, the whole of the water in the north hrarich was afforded by Alligator 
creek, and that at the Pine Log the channel was dry and dnsty. 

The United States and Spanish commissioners, who, in 1800, attempted 
to ascertain the source of the St. Mary's, in ascending the river with their 
canoes, passed the junction of the north and south branches, considering 
the former as the principal. That those commissioners should have made 
«n erroneous determination, may be attributed to the deceptive appearance 
of the two brandies at their confluence, and to the peculiarly unfavorable 
season in whiclj their investigations were made. The cliannel of the north 
branch is wider than that of the south. Its depth is greater, and its water 
«f a dark reddish color. At the point of disembogucn»cnt, the south branch 
AS a beautiful, limpid stream, whose narrow channel and transparent water 
Tender it, apparently, one-third less than the north, but its velocity is one 
hundred and sixteen feet per minute, while that of the north bianch is only 
tlilrty-eight. The disparity of width in these branches is accounted for by 
the difference of the countries in which they have their sources. That in 
which the south branch rises is gently undulating, and the transparency and 
low temperature of the water prove its origin to be principally in springs. 
The vicinity of the sources of the north branch is frequently an extended 
plane, with but little elevation or dej)ression, which, in rainy seasons, is 
completely inundated for many miles ; and these vast sheets of water, be- 
Hng di'ained into the noith branch, increase its volume to a torrent, which 
forms a channel much wider than the south branch. When tiie United 
States and Spanish commissioners were here, in February, 1800, Mr. 
Ellicott, in his journal, informs us that the swamps, at that season of the 
year, "were absolutely imjjenetrable," in consequence of the preceding 
winter's rains. We cannot, therefore, be surprised at their failure to make 
a correct determination. 

The loss sustained by Georgia in running the boundary, according to 
the agreement of those commissioners, is a triangle, whose base is 157 
miles, its perpendicular 30 miles, and area 2,355 square miles, or 
,507,200 acres. 

Kespecting the general character of the country through whicii our 
southein boundary passes, it may be remarked, that, in proceeding west- 
wardly, by the I'ine Log, for sixty-live miles, the soil is extremely barren, 
and swamps, cypress ponds, bay galls, and saw palmetto, abundant. The 
Suwanee and Allaj)aiia rivers are found in this section ; but tliere is little 
iatul in their vicinity that can ever reward the agriculturist for his labors. 
On aj)|»roaching the Wythlacoochie, the face of the country is much altered. 
Here it becomes more undulating, and lime pits and lakes of pellucid wa- 
ter arc skirted by slips of fertile land. From this, the soil is remarkable 
only for its sterility for twenty-five miles, and until we approach the Ocil- 
la, where are found tracts of excellent land, interspersed with lakes and 
deep morasses. The saw jialmetto and cypress ])onds here disappear, but 
the former barrenness of soil continues generally throughout the remaining 
part of the boinidary, except in the vicinity of the Mickasuky and Yamonia 
lakes, the Ucklockannc river, and Attapulgas creek, where large bodies 
of rich loam will repay the purchaser for his ad>enture, and the laborer 
for liis toil. 

With considerations of respect, your Excellencv's most obedient servant, 

JOHN'McBRIDE, Surveyor, 

Gov. Tuoup, MUledgexille. 



[ Doc. No. 77. ] 51 

J^otes and estimates made in ascertaming the volume of the several branches 
of the St. Marifs river. 

JVo. 1. JS'orth Branch, {Junction C.) 

Width - . . . . 39.6 ft. 

Mean depth . . . . .666 

Velocity of the surface per inimite - - 44.22* 

To find the volume : 

^ 44.22—1 = 5.649. 
5,649 X 5.649=31.9, the velocity of the bottom and sides. 
44.22 + 31.9 

=38.06, the mean velocity. 

2 
And 39.6 X .666 x 38.6= 1003.77 cubic feet, the volume. 

JVb. 2. South Branch, {Junction C.) 

Width .... - 26.4 ft. 

Mean depth - - - - .5 

Velocity of the surface per minute - - 126.72 

To find the volume : 

^/ 126.72—1 = 10.257. 
10.257 X 10.257=105.2, the velocity of the bottom and sides. 
126.72+105.2 

=115.96, the mean velocity. 

2 
And 26.4 X. 5 X 1 15.96= 1530.67 cubic feet, the volume. 

JVo. 3. JV*or//i Branch, {half a mile above JVb. 1.) 

Width - - . . . 40.26 ft. 

Mean depth .... ,697 

Velocity of the surface per minute - 40.92 

To find the mean velocity : 

v/ 40.92 — 1 = 5.4, very near. 

5.4 X 5.4 = 29.16, the velocity of the bottom and sides. 

40.92 + 29.16 

=35.04, the mean velocity. 

2 
And 40.26 x .697 x 35.04 = 983.26 cubic feet, the volume. 

JSTo. 4. South Branch, {half a mile above JVo. 2.) 

Width ..... 18.56 ft. 

Mean depth - - - - 1.14 

Velocity of the surface per minute - 64.68 

• To obtain the mean velocity of a current from that of its surface, Mr. Fulton has oblig- 
ingly furnished me with the following rule ; in which x represents the velocity of the surface, 
and z that of the bottom and sides. 

x+z 

\/x—l-=y/z And =the mean velocity. 

2 



62 [ Doc. No. 77. ] 



To find the mean velocity : 

x/ 64.68—1 = 7.042. 
7.042 X 7.042=49.58, the velocity at the bottom and sides. 
64.68 + 49.58 

-^— — =57.13, the mean velocity. 

2 
And 18.56x1.14x57.13=1208.67 cubic feet, the volume. 

JVb. 5. JVorth Branch, (Junction ofJST.and W. Branches-) 

Width ----- 18.48 ft. 

Mean depth - - - - 1.03 

Velocity of tlie surface per minute - - 11.22 

To find the mean velocity : 

^/ 11.22—1 = 2.55, nearly. 
2.35x2.35 = 5.52, the velocity at the bottom. 
11.22 + 5.52 

=8.37, the mean velocity. 

2 
And 18.48 X 1.03x8.37=159.3 cubic feet, the volume. 

JVo. 6. fVest Branch, [Junction oj the JV. and W. Branches.) 

Width . . - . - 11.22 ft 

Mean depth - - - - .32 

Velocity of the surface per minute - - 74.58 

To find the mean velocity : 

v/ 74.58— 1=7.636. 

7.636x7.636 = 58.3, velocity at the bottom and sides. 

74.58 + 58.3 = 66.64. the mean velocity. 
And 1 1. 22 X. 32X66. 44 = 238.54 cubic feet, the volume. 



Result of No. 1, N. B. 




. - . 


1003.78 


Result of No. 3, N. B. 




- 


983.26 


Sum 


1987.04 


Mean 


993.52 


Result of No. 2, S. B. 




- ~ 


1530.67 


Result of No. 4, S. B. 




- 


1208.77 


Sum 


2739.44 


Mean 


1369.72 


As 1369 : 993 


: : 4 : 2.9; 




Or, S. B. : 


N. B. : : 4 : 2.9.; or, as 


40 to 29. 


Result of No. 5, N. B. 




- - - 


159.3 


Result of No. 6, W. B 




- 


238.54 


As 238.54 : 


15S 


1.3 : : 3 : 2; 




Or, W. B. : 


N. 


B. : : 3 : 2. 






Re 


;.spectfullv submitted. 








JOUN McBRIDE, Surveyor. 


October 1, 1827. 









[ Doc. No. 77. ] 6g 

An act to prevent the surveying or granting of certain lands either under 
head rights, or in any other way, and for other purposes* 

Whereas the dividing line between the State of Georgia and Florida has 
not yet been mm and marked, but, when run, must be from the head or 
source of St. Mary's river straight to tlie confluence of Flint and Chatta- 
hoochie rivers ; and whereas it is believed that the said line must, and of 
right ought to. commence from tlie head or source of the south branch of 
St. Mary's river, in which event a lai'ge portion of territory will be in- 
cluded within the limits of Camden county, and subject to be surveyed and 
granted as vacant lands : 

Sec. 1. Be it therefore enacted by the Senate and House of Representa- 
tives of the State of Georgia in General Assembly met, ami it is hereby enacted 
by the authority of the same, That it shall not be lawful for any portion of 
tiie territory lying between a direct line from Ellicott's mound upon the 
iiortli branch of St. Mary's river to the junction of the Flint and Chatta- 
hoocliie rivers, and the dividing line which may hereafter be run and 
marked between the State of Georgia and Florida, to be surveyed and 
granted as vacant land, or in any other way, or for any other purpose, 
until provision therefor shall be made by law. And that all surveys which 
shall be so made shall be, and tlie same are hereby, declared null and , 
void. 

Sec. 2. And be it further enacted by the authority aforesaid, That, when 
the said line shall be run and marked, if any j)ortion of the territory shall 
be included within the State of Georgia, wliicli may be claimed and held 
under and by virtue of a grant or grants from the United States, upon 
purchases made previous to the passage of this act, then, and in that case, 
the said grant or grants shall be, and they are hereby, declared good and 
valid to all intents and pni-jjoses : Provided, The United Slates shall, and 
do, W'thin two years from the time of running and marking said line, pay 
to the State of Georgia the amount for wliich the territory so held and 
granted may have been sold by the United States. 

IRBY HUDSON, 
Speaker of the House of Representatives. 
THOMAS STOCKS, 

President of the Senate. 

Assented to, December 24, 1827. 

John Foksytu, Governor. 



The Governor of Georgia to the President of the United States. 
Executive Department, Georgia, 

MlledgevUle, December 29, 1827. 

Sir : I have been requested by tlie General Assembly to open a corre- 
spondence with you, iti order to facilitate the adjustment of the boundary 
line between this State and the Territory of Florida. It is well under- 
stood here, that, until the act of Congress, passed the 4tli of May, 1826, 
authorizing the President to run and mark a line dividing Florida from 
Georgia, is altered or repealed, the Chief Magistrate of the Union has not 
power to comply with the just expectations of the State in relation to its 



54 [ Doc. No. 77. ] 

southern boundary. Tliis communication is made, tlterefore, under the 
expectation that it Nvill be laid before Congress, witli such recommenda- 
tions as the respective rights of the State and of the United States may, 
in your judgment, require. The subject is of deep interest to this State, 
not from the value of the land, the title to which is dependent upon the de- 
cision of it, but because tlie description of the boundary is a part of our 
constitution. To the Union it is of little moment, exce})t as it affords a 
fair occasion to consult fratikly the wishes of one of its members, and to 
establish a character for liberality to the individual State, of far greater 
importance than the acquisition of a few hundred thousand acres of arid 
territory. 

It is one, too, on which even a concession to the State, if the right were 
doubtful, is recommended by the consideration that the land which would 
be given up will remain, although in a different form, a portion of the 
United States, and of the rcsouices of the Union. 

Addressing myself to the Government of tiie Union, to whom the Ter- 
ritory of Florida now belongs, no doubt is entertained that a demonstra- 
tion of the right of the State will be followed by a prom])t acknowledg- 
ment, and such legislative provisions as may be necessary to secure the 
full enjoyment of it. The southern limits of Georgia depend, 1st. Upon 
the charter to the lords proprietors of Carolina, of 1663; 2dly. Upon the 
proclamation of the King of Great Britain, of 1763, establishing the boun- 
dary between Georgia and the two B'loridas, and the King's commission 
to Sir James Wright, of 1764; 3dly. Upon the treaties between the 
United States and Great Britain, of the 30th of November, 1782, and the 
3d of September, 1783. 

Confining myself to the southern boundary of the State, according to 
the territorial limits fixed in the compact with the United States, of 1802, 
it is a line beginning at the most southern branch of tlie St. Mai y's river ; 
thence, up the said river, to its source; thence, in a direct line, to the 
junction of the Flint and Chattahoochie rivers. Subsequent to the treaty 
of 1782, Spain, having obtained from Biitain a cession of the Floi'idas 
Avithouc any description of limits, was disposed to make territorial preten- 
sions inconsistent with our riglils. The treaty of 1795, concluded at San 
Lorenzo by Mr. Pinckney and the Duke of Alcudia, put an end to these 
pretensions. Tlie 2d article of the treaty, conformably to the insti'uctions 
of Mr. Jefferson, then Secretary of State under General Washington's 
administration, describes the line between Florida and the United States 
(acting for Georgia) in tlie words used in the treaty of peace of 1782 be- 
tween the United States and Great Britain. For the purpose of preveniing 
disjiutes, and to produce an immediate good effect on the Indians on the 
borders of Georgia and Florida, Mr. Pinckney introduced, without instruc- 
tions, into the treaty an article, the 3(1, providing for the immediate de- 
marcation of the boundary line described in the 2d article. 

This article reciuiied the appointment of a commissioner and surveyor 
by each Government, wlio were to meet at Natchez within six months 
from the date of the ratification of the convention, and to run and mark 
the line according to the pieceding article; they were to make jilats and 
to keep journals of their ])rocoedings, which were to be considered a part 
of the convention, and to have the same force as if inserted therein. A 
commissioner and surveyor were apjiointed by (he United States to exe- 
cute these stipulations. It is not necessary to detail all the circumstances 



[ Doc. No. 77. ] 55 

which occurred from the meeting of the American commissioner with the 
Spanish officer, who was said to he the commissioner of Spain, to the pe- 
riod when the woriv was finally intcrinptcd and left ntilinished; which^ 
by some fatality, happened precisely at the point where the ])rcsent south- 
ern boundary of Georgia begins on the Chattalioochie. It is sufficient for 
the present j)Ui'pose to recall to your recollection these fact^, resting upon 
the assertion of the commissioner of the United States, that every artifice 
was used by the Spaiiisli Governoi* of Louisiana, who is stated to have been 
the commissioner of the King of Spain, to prevent the comtnencement of 
the demarcation ; that every obstacle he could secretly inter[»()se was pre- 
sented to delay the execution of the work; that, by tiie dishonorable 
intrigues of the Spanish authorities with the Itulians residing in the vici- 
nity of the line to be marked, and their disregard of the provisions con- 
tained in the 3d article of the treaty, they at last succeeded in compelling 
the American commissioner to abandon the work, and leave it, as it has 
contiimed to this day, incomplete. The State now asks from Congress 
the fulfilment of the stipulations made for her in 1795, with Spain, the 
completion of the work, not completed because Spain was unfaithful to bei' 
engagements. 

The current of events, favorable to the repose and to the prospei'ity of 
the Union, have placed it in the power of Congress to do immediate jus- 
tice. It is not now necessary for you, sir, to prosecute a painful and te- 
dious negotiation with a Government most unwilling to understand the 
just claims of others, and ])rocraslinating, througli policy, the acknow- 
ledgment of them when they can no longer be denied. The Unitetl States 
stand in the place of Spain, hold the title of that Government, and no 
other, to the Territory of Florida ; and they have only to satisfy them- 
selves what Spain could justly claim, in a controversy with this State, un- 
der the convention of San Lorenzo. Tiiat convention, requiring a direct 
line to be drawn between two unchanged geographical j)oints, does not 
seem susceptible of controversy ; and were the subject now for the firstr, 
time agitated, none could be anticipated. Bnt a difficulty is known to 
exist, and is to be found in a j)eculiar provision of the before mentioned act 
of Congress of the 4th of May, 1826. 

The motive for introducing that provision is perfectly understood, and 
duly respected ; it was intended to prevent what it lias produced, delay 
and discussion. The provision is, that the line to be so run (dividing Flo- 
rida from Georgia) and marked, shall be run straight from tlie junction' 
of said rivei's Chattahoochie ami Flint to the point designated as the head 
of St. Marifs river, I)ij the commissioners appointed under the third article 
of the treaty of friendshii), navigation, &c. &n. between the United 
States and Spain, made at San Loienzo, &c. &c. This provision wa& 
fouiuled on the belief that the point desi ijnatcd as the head of St. Mary^s^ 
was the source of that river. This belief, entertained here as well as at 
Washitigton, recent and accurate examination has shown to be unfounded. 
The evidence relied on by the State, on this point, is already in your 
hands ; the chart of the St. Mary's, prepared by Mr. McBride, and his 
report of the examination made by him for the source or head of tliat river. 
The supposition on which the jjioviso in the act ^A' Congress was founded 
being shown to be erroneous, no disposition can exist to jiersist in retain- 
ing it, to the injury of the Slate, unless the right of Congress to insert it 
is clearly shown, and it is required by their obligations to the other States. 



«6 [ Doc. No. 77. ] 

If Spain were now the ])aity interested, it is scarcely possible that, in 
utter disregard of the obligations of truth and justice, she should insist 
that the line should be run and marked to the j)oint dcsignaled as the head 
of the St. Mary's, by the commissioner ai)j)ointed under the third article 
of the convention of 1795 : on the hypotlicsis tliat Spain was still the own- 
er of tiic Floridas, and so forgetful of lionor as to make such a demand, by 
what argument could it be sustained ? It would be asserted that the acts 
of the commissioners appointed under the third article had become part 
of the convention, and were as obligatory as if inserted in it. This asser- 
tion is true only of those acts of the commissioners which they were au- 
thorized by the third aiticle to perform. They were authoiized to run 
and mark a line : has it been done ? It has Jiot : more than 150 miles of 
the line is yet to be ruii and marked. To meet this state of facts, it 
might be asserted that, it being found impi'acticable to run and mark the 
line at that time, the commissioners agreed upon thetwotei-minating points, 
and desci'ibed, in tiieir plats and journals, the direction of the line to be 
hereafter run and marked ; and that the head of St. Mary's was thus 
agreed to be within a certain distance of a mound raised. Were the com- 
missioners appointed for this purpose ? Certainly not : they were ap- 
pointed to run and mark a line, not to establish the points between which 
the line should, at some distant time, be run and marked. By what au- 
thority did tiie commissionei-s exercise this power ? It is not given by 
the third ai-ticle of the treaty : no agreement made by them is binding 
upon either of the Powers who appointed them, unless subsequently ratified 
by both. Such an agreement as the one niade was not within the spirit of 
the ai-ticle, but is directly contrary to it, since it substitutes an artificial 
object as the point of tei'mination for the natural one fixed on in the con- 
vention, and confessedly changes the line. The extent of the agreement is 
stated by the American commissioner, Ellicott, in these words : " It was, 
thcrefoi-e, agreed that the termination of a line, supjjosed to be drawn 
W. 45 E. 640 ])erches from the mound B, should be taken as a point to or 
near which a line should be drawn from the mouth of Flint river, which 
line, when drawn, should be final, and considered as the permanent boun- 
dary between the United States and his Catholic Majesty, provided it 
passed not less than one mile north of mound B ; but if, on experiment, it 
should be found to j)ass within loss than one mile north of the said mound, 
it should be collected to carry it to that distance." No remarks on the 
peculiar character of the line described are deemed necessary ; the pas- 
sage is ([uoted to show that Ellicott transcended his authority, and did 
what was not binding on his Government, unless subsequently ratified by 
it. It is presumed he had i.o instructions to make such an agreement; if 
he had. this State denies that the convention of 1795 authorized them to 
be given. 

NVas this agreement ratified by the two Powers prior to the cession of 
Florida by Spain to the United States ? It is taken for granted that it 
•was not. If not, the question remains as it did under the convention of 
1795. The stipulations of th«i tliird article are yet to be perfonned, and 
the point to which the line from the junction of the Flint and Chattahoo- 
chie is to be run, is to be determined by relerring to the second article of 
the convention, not by an appeal to the agreement of Ellicott. It is a 
geographical point, unvarying and unvaried ; not the creation of man's 
labor. It is a spot described by the two Governments ; not that substi- 



[ Doc. No. 77. ] 57 

tutcd by tlieir subonlinate, uiiautliDrized agents. The agreement of Elli- 
cott was not obligatory, even u|)on biiiiself. Prior to the runni)ig and 
marking the line, had any error, geograj)hical or astronomical, been made 
by accident, it was in the power, and it was the duty, of the commissioner 
to correct it as soon as it was discovered. Can it he pretended that, if 
Ellicott had discovered, immediately after the supposed source of the St. 
Mai-y's was agreed upon, that the spring or lake, from whence issued the 
southern branch, was the true source of the river, he was bound to abide 
by the judgment he had formed on imperfect information, and to run and 
mark tiie line contrar-y to the j)rovisions of the convention, to the injury 
of his country ? If the line had been completed by Ellicott, under the 
mistaken impression entertaiticd by him of the true source of the river, 
and the mistake had been clearly ascertained, it would Iiave given the 
General Govertnnent great satisfaction to have been able to rectify, by a 
negotiation witli Spain, the error committed. Called upon by Georgia, 
would the General Goveriiment have hesitated to rejjrescnt to Spain that a 
just Government would best consult its honor and its interest by rectify- 
ing, with frankness, an ei-ror committed by its inferior oilicers ? Can it 
be doubted that the United States would have seized, with avidity, tlie first 
occasion to oblige Spain to surrender to Georgia territory held in conse- 
quence (d' such an error ? If such would probably have been the course 
of the General Government, had the error been- consummated by the run- 
ning and marking of the line, I leave you to consider what would have 
been their conduct, had Spain, remaining owner of the territory, obsti- 
nately persisted in claiming to have it run and maiked according to Elli- 
cott's agreement, after the mistake committed by him had been discovered 
and exposed. The United States, tracing the failure to complete the work 
to its source, might have overwhelmed Spain by justly deserved re- 
proaches for disgracefully attempting to take advantage <»f its own infide- 
lity to sacred engagements, by indignant recitals of the intrigues and 
artifices used, tlie treachery displayed, from the meeting of the commission- 
ers at Natchez until Ellicott was driven from the Chattahoochic. I shall 
be pardoned for suj)posing the Government of Spain would have exposed 
itself to rebuke by advancing such claims. Tiie possibility has been ad- 
mitted, to bring fairly into view the peculiar ])osition of the United States 
in relation to this question. The trustees of Georgia, who arranged the 
convention of San Lorenzo, are the Indders, by purchase, of tlie title of 
Spain under that convention. In this their present position, their former 
relation being necessarily remembered, no pretension can be consistently 
made by the United States, which would have been disputed if made by 
Spain, while the Floridas belonged to that Power. No clainj of Georgia, 
which the United States would then have seriously pressed upon Spain, 
can be honorably resisted by the United States holding the property as a 
cession from that Power. Above all, it would be the extremity of disgrace, 
if the Federal Government should seek to take advantage of an error com- 
mitted by its authority, while acting as the guardian of the rights of this 
State, wher> Pjovidence has j)laced it in its power to correct the error by 
a simple exertion of its own will. 

The accompanying copy of an Executive message to the General Assem- 
bly of this State, and of an act passed by tiiat body, are forwarded, that 
they may be presented, with the documents heretofore transmitted, to the 
8 



58 [ Doc. No. 77. ] 

consideration of Congress, whenever you shall deem it proper to bring the 
subject of the boundary line between Florida and Georgia before them. 
I am, sir, verv lespectfully, your obedient servant, 

JOHN FORSYTH. 
John Q. Adams, President of the United States- 



Message from the President of the United States^ transmitting, in com- 
pliance ivith a resolution of the Senate of the Wth instant, a re- 
port from the Secretary of State, with copies of instructions, <^c. to 
Andrew Ellicott, commissioner for running the line betiveen the United 
States and Spain. 

Washington, February 14, 1828. 
To the Senate of the United States : 

In compliance with a resolution of the Senate of the 1 1th instant, re- 
questing copies of tlie instructions to Andrew Ellicott, commissioner for 
running the line between the United States and Spain, and of any journal 
or report of the commissioners, I communicate herewith a report from the 
Secretary of State, with the documents requested, so far as they are found 
in the files of that department. 

JOHN QUINCY ADAMS. 



Department of State, 

Washington, February 13, 1828. 

The Secretary of State, to whom has been referred, by the President, 
the resolution of the 11th instant, requesting him « to communicate to the 
Senate cojjics of the instructions of the Government of the United States to 
Andrew Ellicott, Esq., commissioner on the part of this Government, 
for running the line between tlie United States and Spain, under the treaty 
of San Lorenzo el Real, and of any journal or report made by the said 
Andrew Ellicott and the commissioner of Spain, of the executi )n of the 
siud commission, or sucIj parts tliereof as may be communicated without 
injury to the public service," has the honor to report, herewith, the in- 
structions requested, contained in a letter from Timothy Pickering, Secre- 
tary of State, under date the 14th day of September, 1796, addressed to 
Andrew tLIIicott, commissioner, and Thomas Freeman, surveyor, to run 
and mark the line between tiie United States and Spain, in conformity 
with the treaty of San Lorenzo el Real. 

A searcli iiad been several times heretofore made, witliout success, for the 
report of whirh a copy is requested. When it was known that the Senate 
would call for the leport, a careful and thorough research was made for it, 
but it has been alike unsuccessful. Tlie joint or separate report of the 
commissioners, if it were ever made, is not now to he found on the files 
of the Department of State. It appears from a printed journal of Mr. 
Ellicott, |)ublislied in 1803, giving an accou?it of tiie proceedings of the 
commissioners in running the line, (page 278.) that the astronomical part 
of the boundary being completed, it only remained to make out the report, 



[ .Doc. No. 77. J 59 

with the maps or charts of the line. As a proper place for performing that 
business, the commissioners agree to repair to tlie soutli end of Cumberland 
island, where they could be more retired, and would be less interrupted by 
company. From a letter addressed by Mr. Ellicott to the Secretary of 
State, dated at Cumberland island, on' the 22d March, 1800, (of which a 
copy is also herewith transmitted,) it appears that they accordingly did 
retire to tliat island, for tlift purpose of completing that report ; that they 
were actually engaged in the ])repai'ation of it ; and that Mr. Ellicott ex- 
pected it would be completed tlie week after the next succeeding tiic date 
of his letter. Wiietiicr, in point of fact, it was finished, and transmitted to 
the Department of State, cannot now be here ascertained. 

A letter has been recently addressed from this department to the minis- 
ter of the United States in Spain, directing him to procure a copy of the 
report, if it be among the archives of tlie Spanish Government. 

All which is respectfully submitted. 

H. CLAY. 



Colonel Pickering, Secretary of State, to Mr. Ellicott. 

Department of State, 

Philadelphia, September \i, 1796. 

Andrew Ellicott, Commissioner. > j^.f^^^ti^^,^ 
1 HOMAs b REEMAN, Surveyor. 3 

To Andrew Ellicott, commissioner, and Thomas Freeeman, surveyor, on 
the part of the United States, for running and marking the southern 
boundary line which divides their territory from the Spanish colonies 
of East and West Florida : 

You will receive herewith a copy of the treaty of friendship, limits, and 
navigation, concluded between the United States of America and his Ca- 
tholic Majesty, as finally ratified on both sides, and proclaimed by the 
President of the United States ; togethei* with the second and third arti- 
cles of the treaty, transcribed from tiie original in the Spanish language. 

In contemplating the mode of carrying into execution these two articles 
which respect the southern boundary, it has been considered that the coun- 
try thi'ough whicli the line is to be run, belongs, for tiie most part, to the 
native Indians, and is, of course, a wilderness. Hence many difliculties 
may attend an attempt to i-un and mark one continued boundary line from 
the MissiHsipj)i to the St, Mary's. Nevertheless, if the Indians will allow 
it to be done, and tlie nature of the country admits of it, you are to run 
and mark such a continued boundai-y line. If the Indians are averse to 
the measure, and oppose youi- proceecding, you must stoj) as soon as you 
find a furthoi- advance would hazard your safety, or a bi-eaciiof our friend- 
ship with any tribe. But the Creeks have expressly stii)ulatcd a free 
passage of the commissioners, and their followers, to run and mark the 
boundary line through their tei-ritory ; and the Choctaws probably may, 
on the application of the commissioners, also give the like permission as 
it respects tiieir country. However, if either the opi»osition of the Indians, 



60 



[ Doc. No. 77. ] 



or the impracticability of the country itself, through which you must pass, 
should render the running a continued line impossible, or extremely tedi- 
ous and diiKcult, then the next best thing n)ust be attempted, that is, 
accuiatcly to fix the latitude of the boundary line at the eastern bank of 
the Mississipj)!, and to run and mark the line thence as far eastward as 
the Indian title has been, by any regular and lawful means, extinguished, 
eiiher under the British or Spanish Governments. If the Indians and tlie 
nature of the country permit you to proceed farther, you will go on as far 
as it shall be practicable. And if, from any cause, you are obliged to leave 
any pait of the line unsurveyed and unmarked, you will at least ascertain 
•where it strikes the great rivers, from the Mississippi to the Appalachicola. 

From the junction oi the Flint river with the Appalacliicola, the boun- 
dary line, ceasing to be a parallel of latitude, must, if possible, be run and 
marked through its whole course, to the head of tiie river St. Mary's. 

So far as tlie boundary line is a parallel of latitude, you will ascertain 
the same with all j)i-acticable accuracy, and erect permanent monuments of 
stone, vvhere attainable, and, at other places, of earth. And in the latter 
case, it may be eligible to plant in the ground large posts of cedar, or other 
durable wood, two or three at eacli monument, in the range of the line, and to 
bury them up with several feet of earth, so tiiatby beingconcealed fliey may 
not be removed, and, by an exlusionof the air, they may not be liable to rot. 
The mounts of earth may be oblong in the range of the boundary line. 
"Where cedar or other very durable wood is found, a large post may be 
erected in the centre of each mount, standing above ground, with the 
words United States cut on one side, and Florida, or Spanish Florida, on 
the other. 

From the Ajjpalachicola to the head of St. Mary's, you will, at conve- 
nient distances, erect the like monuments of stone or earth. 

In every continued line through a wood you will designate the same by 
marked trees, as usual. 

The longitudes of all the places where monuments shall be erected arc 
to be ascertained with all possible exactness. 

The third article of the treaty requires that the commissioners make 
plats and kecj) journals of their proceedings, which are to be considered 
as jiart of tlio treaty, and have the same force as if they were inserted 
therein : the ])lats and journals, therefore, should be made with accuracy 
and precision, and the latitudes, longitudes, courses, ajid distances, ex- 
])resscd in words at lengtli as well as figures. 

It being necessary that a careful person should accompany you, to take 
charge of the stoi-es and provisions, and issue the same, and to leceive and 
disburse the money for wages and supplies, Charles Anderson, of Philadel- 
phia, for his known integrity and capacity, is designated to perform those 
services under your direction. 

You will enjbrace every convenient ojjjjortunity to inform the Depart- 
ment of State of your progress in this business, which it is expected you 
will conduct with diligence and economy. These views will be promoted 
by your maintaining harmony and g(to(l \inderstanding with the commis- 
sioner and agents on tlio part of Spain. 

IJy the certificate annexed to the copy of the second and third ai'ticles of 
the ticaty, you will see that the ratifications of the treaty were exchanged 
on the 25th of April last ; and consequently that you ought to be at the Nat- 



[ Doc. No 77. ] 61 

cbcz before the 25th of October next ensuing, agreeably to the stipulation 
in the third article. 

TIMOTHY PICKERING, 

Secretary of State. 



Cumberland Island, 

March 22, 1 800. 

Sir: Your letter of the 30th of January last came to hand on the l3th 
of this month, and is ti«e first I have received from you since I loft New 
Orleans. 

I retired to this place immediately after descending the St. Mary's, for 
tlie purpose of completing our rcpoi-t, which will probably be finished the 
week after next, with all the plans, charts, &c. The report will be very 
lengthy, and contain a great number of asti'onomical observations and in- 
tricate calculations, in no part of which have I any assistance, except in 
copying. I am extremely anxious to have the irport signed ; for niy want 
of faith is so great in all the olficers of his Catholic Majesty, that I sup- 
pose nothing done till it is finished. 

The Spimish party propose i-eturning by I'hiladelphia and Pittsburg. 
What their views are, I know not. Mr. Power has been so long in the 
habit of intrigue and du]»licity, that he is only at home when in the midst 
of confusion. His former residence in Philadeljjhia procuring him an ex- 
tensive accpiaintance with the partisans of Fi-ance ; and tbougli he has been 
appointed surveyor on behalf of his Catholic Majesty, he never attended t» 
the business but one week : his employment has been vei-y diffcient, but for- 
tunately without much effect. Tlie boundai-y has actually been executed 
by the United States, and would have been done at a much less expense, 
had no other Power been concci-ncd in it. From a sus[)icion whicli I think 
was well founded, I was at all times able to complete tlie work without the 
aid of the otiiei* party : and had it not been for tlie numbers and firmness of 
my people, at the mouth of Flint i-iver, my journal, (and there is no other,) 
with all my documents, and public and private correspondence, with the 
whole apparatius, would certainly have fallen into (heliandsof the Indians. 
The other party liad ])revious!y divested themselves of every article of va- 
lue which would impede their flight, and remained without foice or appa- 
ratus, except an old surveying coinj)ass, which for some time had a wooden 
sight. Infinite address has been practised with my young men, and tlie 
commanding oflicer of my escort, to make them troublesome ; but a re- 
membrance of the decided measures I had taken on a foi-mer occasion has 
kept them within houmls. 

This expedition has taught me a useful lesson. I was always pleased 
with our Government : I now think it perfect. I can now see the differ- 
ence between a Government whose basis is the ])eople, and one supjjorted 
by intrigues, duplicity, and ])arade. In the former, man feels his dignity; 
he is open, candid, and honest; but in the hitter, he becomes ii jealous as- 
sassin. When I look back and sec the didiculties with wiiicli we were 
surrounded, and the dangei's by which we wer-c menaced, I feel conscious 
that our success has been owing to good fortune. TIic report which was 
handed in by Mr. Gillespie and the Spanisii deputy surveyor, tliat »Mhe 
St. Mary's did not head in the Okefcnokce swamp,'* is incorrect. I was 



€2 [ Doc. No. 77. ] 

one who traced it up to tlie junction, and slcpttwo nights on the margin of 
the swamp. The trip was a disagreeable one, and I yet feel the effects 
of it. 

The United States extend further south than we had any idea of. The 
most southern bend of the St. Mary's is in latitude 30° 21' N. nearly, and 
the source of tlie river is about 30° 34' N. 

In all probability I shall be in Philadelphia about the last of next month. 
I am, sir, with esteem, your sincere friend, 

ANDREW ELLICOTT. 
The Hon. the Secretary of State, 

of the United States. 



Resolutions and dnmments relating to the boundary line between the 
Slate of Georgia and the Territory of Florida. 

Executive Office, Tallahassee, 

January 7, 1 828. 
Sir: In compliance with a resolution of the Legislative Council, I here- 
with transn)it to you the report of '* the select committee to which was 
referred so much of the message of the acting Governor as relates to tlie 
contested jjuestion of boundary between the State of Georgia and the Ter- 
ritory of Florida," and ask, in the language of that resolution, your ''im- 
mediate attention to the same." 

I am, sir, very respectfully. 

Your obedient servant, 

WM. M. McCARTY, 
Acting Governor of Florida. 
Hon. Jos. M. White, Washington City. 



The select committee to which was referred so much of the message of the 
acting Governor as relates to the contested question of boundary between 
the State of Georgia and the Territory of Florida, beg leave to report: 
That the great importance and delicacy of the question has induced them 
to give to it the highest consideration, and to bring into bearing all the 
points which, in their estimation, were essential to a true statement of the 
causes of difference existing between the two Governments. Looking with 
anxious eyes to the prosperity of the territory, and to the future stand she 
seemed destined to take as a member of this great political family, they 
have witnessed, with pain, an attempt to deprive her of a most valuable 
portion of her population and her soil ; and, in so doing, at once to pros- 
irate the fairest hopes of her most ardent admirers, and continue her in her 
present tei-ritorial condition. Forming the extieme southern link in the 
chain of tiie American States, and jjossessing all the advantages which 
must necessarily How from hei- commercial position, supeiadded to the 
richness and fertility of her soil, the genial influence of her climate, and 
the hardy and adventurous ciiaiactei- of her citizens, they looked with 
aching hearts, even to the remotest j)robability of an event so imminently 
calculated to undo all former efforts in her cause, and place her in a situa- 



[ Doc. No. 77. J 63 



tion to remove all inducements to riiture exertions. Rapidly assuming a 
station which hus scarcely been the Ibi-tunate lot of any one of the territo- 
ries of the Union, wliile yet in i)er infancy, she bid fair to ripen into matu- 
rity, adorned with every feature calculated to render iier an ornament to 
tlie Union, and one of the most valuable members of the body politic. 
Thougli these reflections weiglicd upon the minds of your committee, and 
had their operating influence, yet tlie true state of the question has not been 
abandoned from such considerations. On the contrary, they were the 
more impelled to exertion, in order to show the invalidity of the claim ad- 
vanced by the State of Georgia. Jn this they believe they shall succeed; 
and, that the matter may be fully understood, they present, in a form as 
distinct and lucid as their circumstances admit, every thing having a direct 
relation thereto. 

The first intimation of the claim of the State of Georgia to a portion of 
the lands heretofore acknowledged as the soil of the United States, and 
sold as such to private individuals, is found in tlie message of his Excellen- 
cy, George M. Troup, late Governor of that State, to the Ltigislature, just 
before his retirement from oflice. This, to us, most extraordinary claim, 
is, according to the language of his Excellency, founded upon " the charter 
of Georgia, the treaty of peace of 1783, tlie confederation of 1778, the pre- 
sent constitution, the treaty with Spain of 1795, and the constitution of 
the State of Georgia." While the members of your committee would not 
allow themselves to treat with disrespect arguments emanating from so 
respectable a source, yet, so far as the authorities cited are intended to 
bear upon the question now under consideration, they must be permitted to 
express an opinion that a solitary glance at tliem will be suflicient to show 
that they afford not a shadow of evidence to sujjport the claim — a claim 
urged by Georgia, at this late period, to more than two thousand square 
miles of the lands sold as those of the United States. 

Though your committee cannot recognise, as authority, any instrument 
which was created specially for the benefit of one party, without the con- 
currence and sanction of others interested in the soil, and having rights 
equally to be regarded in the establishment of the true boundary line, still, 
in order to investigate the whole matter in dispute, they will pi-ocecd to 
notice the points presented by his Excellency the Governor of Georgia. 

The charter of Georgia, referred to by his Excellency, is of date 1732, 
and was [granted] by a proclamation from George 11 of England. By 
that instrument, the southern boundary of Georgia only extended so far as 
"the southein stream of a certain other great watei-, or liver, called the 
Altamaha." This authority, in itself, is tliereforc entirely irrelevant, and 
has no bearing upon the point. lint, by a proclamation of George III 
of England, of date 1762, there was annexed to Georgia "all the lands 
lying between the rivers Altamaha and St. Mary's." Accepting this last 
proclamation, or charter, as authoiity, your committee might in(|uire if, 
by it, Georgia can claim any line farther south than the St. Mary's river. 
If the proclamation had even stated tiie head of that river, it could not, for 
a moment, be contended that she could have extended her southern line 
from the head to one of its lateral branches, whicli might, in its devious 
course, and in conjunction with other streams, have gone much farther south 
than tliC actual head of the St. Mary's river, when, in truth, that river is 
made the most southern boundary of Georgia. 

The treaty of peace of 1783 is also considered by Governor Troup as 



64 [ Doc. No. 77. ] 

giving to Georgia the right of her present claim. This definitive treaty 
between the United States and Great Britain, in describing the boundaries 
of the American territories, describes the most southern as a line from the 
juncUon of the Flint and Chattahoochie rivers, straight *' to the head of 
the St. Mary's river." The question here turns upon what is the head of 
St, Mary's river j and, in the solution, we can only be governed by com- 
mon usage. The St. Mary's river has heretofore been represented as be- 
ginning at or near a certain point designated by an artificial land mark, 
called EUicott's mound. Recently, however, another branch or stream 
has been found emptying into it from a much more southern direction, and 
the late Governor of Georgia now claims that branch as its head, having 
discovered that it enlarges the territory of that State beyond what has 
heretofore been considered as her actual limits. To sliow that this claim 
ought not to be regarded at tliis late day, notwithstanding the apparent 
plausibility with which it is urged, let us for a moment siij)pose a case, 
which, though not known to exist, yet may, and ])ossibly does exist. In 
low and flat lands, such as are known to surround the head of the St. 
Mary's river, ponds and lakes are frequently found coimected with each 
other by streams which are large or small, as the ponds which give rise 
to them are swollen or «!epressed by rains or droughts. Suppose this 
southern branch to be formed by a combination of these streams, as it most 
probably is, and to be extended by a chain of lakes and ponds across the 
peninsula to the Gulf of Mexico, would the State of Georgia contend that 
the line should be run from thence? and, if she did, would that claim be 
recognised ? Surely not : for the obvious reason, that a branch so formed 
could not be considered as the source of the St. Mary's river. Whetj we 
speak of the head of a river, wc technically mean its source, and not one 
of its branches, no mutter how long. I'he branch of a river is, properly 
speaking, a descendant of the main river, not the source : it is the offspring 
that inherits from the source. If the construction contended lor by Go- 
vernor Trouf) be correct, wc should no longer look uj)on the Missouri as a 
branch of tlje Mississippi, but should henceforth consider it as the Missis- 
sippi itself. 

"The confederation of 1778," cited in the message of the Governor of 
Georgia, makes not the slightest allusi«»n to the limits of that State, nop 
does •' (he present constitution," by which is meant the constitution of the 
United States, allude to it. The reasons whicli induced his Excellency to 
refer to these two instrinnents are not discoveirrl by youi- committee, un- 
less he intended to deduce theiefiom an argument tliat the rights of Geor- 
gia were secured to her at the time she became a member of tlie common 
family : if this be the argument, your committee are by no means disposed 
to deny its correctness ; but, wliile they readily concede that the rights of 
Georgia sliould be j/rotectfd, they must contend that the rights of others 
should be regarded as equally sacred. 

After an exaniination into all the authorities refei'red to by his Excellen- 
cy of Georgia, your* commitlet^ have been able to find notliing in any of 
them which conies directly to the j)()itit in (jucstion, except in the second 
and third articles of " tlic treaty with Spain of 1795." This was ''a 
treaty of friendship, limits, and liavigatltm," between the United States 
and the Spanish Government ; and liie bounchiry line between Florida, 
then a part of the teiritory of Sjiain, aJid the State of Geoi'gia, one of the 
United States, is therein described as a line «lrawn from the junction of 



[ Doc. No. 77. ] 65 

the Flint and Cliattalioocliie *' straight to the head of the St. Mary's 
river," einido} ing the same language that was used in the treaty of peace 
of 1783. 

To prevent any future misunderstanding as to the true head of the St. 
Mary's, and to ascertain it, and definitively settle the line of demarcation, 
it is provided in tiie third article of that treaty that, '' in order to carry 
the j)iecc(ling ai'ticle into effect, (me commissioner and one surveyor shall 
he appointed hy each of the contracting parties, who shall meet at Natchez, 
on the left side of the river Mississijjpi, befoi-c the exjjii-ation of six months 
from the ratification of this convention ; and they shall pi'oceed to run and 
mark this boundary, according to the stiitulations of the said ar-ticle. 
They shall make j)lats and keep journals of their proceedings, whicli shall 
be considered as jjai'l of tliis convention, and shall have the same force as 
if they were inserted therein." The cominissionei-s were ap[)ointed, in 
pursuance of this treaty, to rim the line ; and the one on the part of the 
United States j)ublished his journal at large, in the year 1803. This 
journal, therefoi-e, has the same effect as if it were part of the conven- 
tion, and "inserted therein;" and. by it, the head or soui'ce of the St. 
Mary's river is ascertained to be near the j)oint called Ellicott's mound. 
Here, then, was a compact, solemnly made and entered into, and as 
solemnly ratified hy the Senate of the United States, in which body Geor- 
gia was represented and of which her Senators composed a part. Will 
it, then, be believed that Georgia can, in law, (viewing her as one of the 
parties to this compact.) successfully assert a claim to the lands further 
south than the j)oint agreed u|)on by the commissioners appointed under 
this treaty ? Sup[)0se that the Crown of Spain had continued in possession 
of Florida, would the Government of the United States have permitted 
that possession to be disturbed by such a claim as is here presented, in vio- 
lation of the faith she plighted in making this compact, and of the sacred 
obligaticnis which it imposes ? To this your committee believe that there 
can l»e but one answer ; and if the line between Florida and Georgia could 
not have been changed, had Florida continued a Spanish province, the 
same reason must ojjerate to prevent the change under her present circum- 
stances. Previous to the treaty of 1795, a question of houndai-y would 
have been a legitimate subject of investigation ; but, after a solemn deter- 
mination of it by treaty, it is, and must be, at rest. A treaty is the jtara- 
mount law, and can never be violated, without a departure from those 
principles which Go\'eniments should ever chcrisli and observe in their 
intercoui-se with each other. 

There is another ])oint of view in which this question may be presented, 
and wiiich, in the estimation of your committee, must put it at I'est. 

Thirty-three years ago the State of Georgia looked (juietly on, when, 
according to the estimation (tf Governor Troup, two thousand square miles 
of her territory, by a scdenin act, were given to a foirign Power, and she 
was silent; at the same time, her Senators in Congress, instead of inter- 
posing her claim, consented to the transfer, and ratified tlie act. Iler Re- 
presentatives, ever on the alert, and i-eady to sound tlie alarm at the slight- 
est a[)pi-(>ach towards an invasion of her soil and hei- limits, on this occa- 
sion not only neglected to assert her rights, but confirmed tlie contract, so 
far as Georgia could do it, by voting for the necessary appropriations to 
carry this treaty into effect. Upon a more recent occasion, under similar 
circtimstances, Georgia has pursued the same course : by the treaty of 
9 



«6 [ Doc. No. 77. ] 

1819, the Government of Spain sold to the Government of the United 
States the Territory of Florida, emhracing the land now the subject of 
controversy, and Georgia still remained silent ; her Senators joined in the 
ratification of the treaty, and still interposed no claim ; her Represanta- 
tives voted away the money of the XJnited States to carry tliis treaty into 
effect, and still asserted none of the violated rights of Georgia ; and yet 
*ve aie told this claim has its foundation in her charter! 

The only remaining document referred to by his Excellency is '* the 
'Constitution of Georgia." Could this instrument, in the estimation of 
your comnjittec, be regarded as evidence in the settlement of tliis conti'o- 
versy, it would pioduce no change in its character, because it eni|)loys the 
identical expressions used in the treaty of peace of 1783, and the treaty 
Avith Spain of 1795, to wit, " the head of the St. Mary's river." Youp 
-committee would however remark that his Excellency John Forsyth, the 
present Governor of Georgia, in a communication made by him to the Le- 
gislature of that State since the message of Governor I'roup, refers, as 
authority, to an act of the Provincial Assembly of Geoi'gia, of date 1765, 
to show that the lands embraced in the King's proclamation of 1763 were 
laid out into parishes, and that tlie most southern parish was declared to 
■'be bounded on the Florida si<le by the most southern branch of the St. 
Mary's river, and by a line running due west from the head of that river. 
i>i<l tJiis testimony, so recently discovered by his present Excellency of 
Geoi'gia, afford any cause for alarm, your committee believe that they 
fould avoid its effects by protesting against its employment ; for there is no 
position more easily sustained, in the estimation of your committee, than 
th€<i»ie which objects to a party's making testimony, to be used in a con- 
troversy against his adversary ; but as your committee believe that r.o in- 
jury can result from tlie use of tliis document, they will proceed to an ex- 
amination of its merits. Tiie most southern branch of the St. Mary's 
river is declared to be the boundary of the southern parish of Geor- 
gia ; and, by adverting to the maps upon which that river is marked, it 
will be seen that it divides itself into two branches, not far above its 
mouth, and by which it discharges itself into the Cumberland sound. The 
southern branch here is unquestionably the one alluded to in the act of the 
Provincial Assembly, and to which, it is highly probable, the claims of 
Georgia will never be contested ; the remaining part of that act, which 
mentions a line running due west from the head of that river, clearly esta- 
blishes the incorrectness of the position contended for by their Excellen- 
cies, and is, in this controversy, a most valuable docinnent for Florida. 
All the authorities to which a reference has been made concur in naming 
•< the junction of the Flint and Chattahoochie" as the point at which this 
line must commence, and "the head of the St. Mary's river" as the one 
at which it must stop. It follows, therefore, that if this boundary can be 
ascertained by a line running due west from '* the head of St. Maiy's," it 
would be equally ascertained by a line running due east from the "junc- 
tion of the Flint and Ciiattahoochie ;" and, by an exan)ination of the map, 
it will be seen that a line running due east from the junction of those 
rivers would pass to the north of Ellicott's mound. 

Receiving this act of the Provincial Assembly of Georgia as evidence of 
the true boundary of that State, your committee cannot peiceive by what 
right she now claims the southein branch of the St. Mai-y's as the point 
from which this line should be run. The southern branch is known to be 



[ Doc. No. 77. J 67 

many miles south of ElHcott*s mouiul ; and tlie true line, according to the 
evidence adduced by Governor Forsytli, is to the north of tliat mound. If 
a line were run due west froni the liead of the soutliern bianch of the St, 
Mary's, instead of intersecting the Appalachicola at the junction of the Flint 
and Chattahoocliie, as it is re»|uired to do, it would be found to ci'oss that 
river at least forty miles lower down. Tliis argument, deduced, as it is, 
from testimony furnished by Governor Forsyth, is, in the o])inion of your 
committee, conclusive upon the subject. 

Your committee have thus examined all the documents upon which the 
late and present Govei-nors of Geoi'gia seem to rely as authority ; and they 
flatter themselves that, while they have derogated nothing from that State, 
they have given to them such construction and explanations as tliey are 
properly entitled to bcai-. Mm-e, much more could be adduced, to show 
the fallacy of this claim. If taken in an equitable point of view, it would 
exhibit, in strongei' colors, the righc of the United States to hold and ex- 
ercise jurisdiction over the soil in dispute. A treaty was formed express- 
ly settling this boundaiy ; the State of Georgia acquiesced in it ; and, for 
thirty-three yeais, she never pretended to disjjute it. But so soon as a 
country, then almost unkjiown, uninhabited but by the savage, became an 
object of interest, and teemed with civilization and wealth, a spurious claim 
is advanced, and eari;estly contended for. No matter what may have been 
the rights of Georgia anterior to the treaty of 1795, they cannot now be 
asserted to any lands within the Territory of Florida : thi^y are barred by 
her acquiescence and foibearance. Your committee cannot believe that 
an instance can be found in the history of nations, where a treaty has been 
made and ratified, and, after so great a lapse of time, one of the ])arties has 
been permitted to rescind it, u\nm the ground that injustice has been done. 
To show, further, the entire acquiescence of the State of Georgia to the 
treaty of 1795, your committee would call the attention of the Council to an 
act of Congress, approved tlie 4th iMay, 1826, to authorize the President 
to run and mai-k a line dividing the 'I'erritory of Florida from the State 
of Georgia. It will be recollected that, in consequence of the hostility of 
the Indian tribes, the commissioners under the treaty with Spain only 
settled the point designating the head of St. Mary's river, and from which 
the line slumld be run ; and it was to consummate the work that this act 
was passed. It is ])rovided therein that " the line to be run and marked 
shall be run straight from the junction of said Flint and Chattahoochie 
rivei's to the point designated as the head of the St. Marifs river by the com- 
missioners appointed under the third article of the treaty of friendship, limitSy 
and navigation, between the United States of Jim erica and the King of Spain^ 
made at St. Lorenz,o el Real, on the seven- and-twentietli day of October, 
1795." Here it is seen that the delegation from Georgia, representing the 
right and interest of that State in both Houses of Congress, so late as the 
year 1826, sanctioned an act which recognises, as the true designation of 
the head of " St. Mary's river," the point agreed on by the commissioners. 
Your comnuttee, having concluded the duty with which they were charg- 
ed, cannot close their report without an expression of theii- most anxious 
wishes that this question should he speedily and honorably adjusted ; and 
that some measures should be adopted for the furtherance of tiiat desirable 
object. The emigraticui which has been rajjidly llowing into this Terri- 
tory, and much of which has settled upon the lauds now claimed by the 
State of Georgia, induced a belief that we should soon be received as ^ 



%^ [ Doc. No. 77. ] 

member of the conPederacy, and it was looked upon as the constimmation 
of our political happiness; buttiic agitation of tliis question may have the 
effect of retarding its progress : and if tiicse lands are wrested from our 
jurisdicti«)n, oui- political jirospects are blasted forever. Florida will then 
present to disfi-aiichised Eiiiopc tiie singular spectacle of a j)art of the Ame- 
I'ican republic iidiumanly partitioned among her neighbui-s ; and, instead 
of being permitted (o foi-m a separate and distinct State sovereignty, to 
disseminate i epublican principles, and encourage its votaries \u every por- 
tion of the globe, she was prostrated at the shrine of an ambitious neigh- 
bor. 

Under these views the committee recommend the adoption of the follow- 
ini^ resolutions : 

Resolved, That oui- Delegate in Congi-ess be i-espectfully requested to 
urge an immediate a<ijustmeiit of the diiTt'r-eiices, and to procure, if possi- 
ble, an order that tlic boundary line shall be iiin and marked out in such 
a direction as shall be in accordance with law, and shall promote (he ends 
of justice. 

Resolved, further, That his Excellency the Governor be requested to ad- 
dress a copy of the above re{)ort and resolution to the Delegate, and ask 
his immediate attenlion to the same. 

Unanimously adopted, January 1, 1828. 

JN. L. DOGGETT, 
President of the Legislative Council. 

A. Bellamy, Clerk. 



Copy of a letter from the Delegate from Florida to the chairman of the 
Judiciary Committee of the Senate. 

Sill : The question submitted foi* the cr)iisiderati(m of Congress, in rela- 
tion to the boundary line between Georgia and Floiida, is one that might 
have been anticipated from the documents communicated fiom the War 
Department at the comnienceinent of the session. 1 did hope that, before 
the adjournment of the Legislature of Geoi-gia, a different view would 
have been taken, and direction given to this matter. It has. however, 
been pressed l)y a i-esolution of that body, and several Executive commu- 
nications from the Governor of tiiat State, which have at length coerced 
its i>rcsentation, by the President of the United States, to botli Houses of 
Congress, accoin[)anied by the ex parte view taken of it by them. 

Being thus inesented. it becouies a controversy of some magnitude, both 
in reference to the amoiuit of pj'opei'ty. and tlie j)rinriples involved in its 
decision. 'I'he United States are nominally one l)arty, and the State of 
Georgia the otiier. It cannot escape observation, however, that the Ter- 
ritory of Floi'ida, the best interests and future hopes of which (le])end upon 
the issue, feels an immediate and vital concern in its decision. I contend 
that Gcoi'gia and the United States are not the only parties really and 
substantially interested in tlie (piestion of soveieignty. 

The treaty with Spain, of 22d February, 1819, contains a provision 
which was intended for the benelit of the ceded provinces ; it is titat which 
provides (or their incorporation into the Union, as soon as possible, con- 
sistent Vrith the principles of the federal constitution. I admit it is difli- 



[ Doc. No. 77. ] 69 

cult to give a construction to this article, entirely satisfactory ; but I think 
the expression *• iiirorporation into the LJiiion" is evidently intended not 
to apply to the individual inhabitants, by giving thorn only the privileges 
of American citizens, hut to the territory tliey inhabit. Annexation to oiie 
of the States would be a transfer to a different sovereignty — an incorpora- 
tion into that State, and not into the Union : such a construction would be 
a forced one. 'J'he more natui-al idea is, that the sovereignty renounced 
by Sj)ain was ultimately to be placed in the hands of the peojile, in the 
same manner with tlie territoi-ies of the United States, but to remain under 
the guardianship of t!ie Gene-ral Government, uniW the princi|)les of the 
constitution would recognise their admission as a State, with all the 
rights of sovereignty now claimed by Geoi-gia. The admission of Louisi- 
ana and Missouri are pi-actical conjinentaries on this position. Florida is 
now a Teriitoi-y, possessing some of the attributes of sovereignty, and is 
ultimately, at no distant day. to take her place in the confederacy. If 
that j)eriod sliould arrive before the settlement of this question, she will 
then be tlie pai'ty dii-ectly interested in o])i)osition to the ])retensions of 
Georgia : she will stand in the place of Spain, and will have a right 
to call on the United States to guaranty her limits. When Louisiana 
Was divided into two territoi-ies, it formed the ground of sei-ious remon- 
strance, supported by strong reasons : it was said that Louisiana 
was one entit'e sovei-eignty, entitled to become a member of the Union, 
as Louisiana : and again, that if sul)division was allowable at the 
pleasure of Congi'css, their admission might be indefinitely postponed. 
This reasoning was disi-egarded, on the strong ground of necessity, and 
because the creation of two distinct sovereignties, instead of one, was an 
extension of the advantages stipulated by the treaty. But at this time no 
one entertained the absui-d idea of annexing j)arts of Louisiana to the ad- 
joining States, although it might have been very convenient to have done 
so. Tlie ])i'eservation of their municipal laws was a most important con- 
sideration with the peoj)le of that province, and this would not have been 
accomplished if they had been annexed to one of the adjoining States. I 
consider the stij)ulation of the treaty a most important one, as intended to 
place the acquired j)rovinces on a footing with the States which declared 
their indej)endence, and possessing as much right to contend for their 
boundaries, by reference to ti-eaties, proclaujations, and laws, emanating 
from parties competent to negotiate or legislate, as Geiu'gia, oi* any other 
State in tiie Union. These provinces were not acquired with a view of 
obtaining subjects for any oT the States ; and as to the United States, the 
genius of our Government forbids it, imless the Ten Miles S<|uare be an 
exception. If I am mistaken in this view of the subject, I shall at least be 
excused referring to the position 1 occupy in relation to the pooj)le of Flo- 
rida, and as a citizen of the United States, for exposing what I consider 
the groundless pretensions of Georgia to the land in (piestion. 

This conti-oversy involves two questions : the one of national law, the 
other of fact. It is assumed by tlie Executive of Georgia, that the line 
agreed upon and fixed by the commissioners of the United States and 
Spain, in pursuance of the treaty of limits entered into at San Lorenzo el 
Real on the 27th October, 1795. is not the true boundary intended by the 
charter of Georgia and the tieaty of 1783 ; but that the head and source 
of the St. Mary's river, stijjulated in these docunumts, is fui'ther south ; 
which will give to Georgia fifteen hundi-ed thousand acres of land claimed 
by the United States as a portion of the Spanish territory acquired by the 



70 [ Doc. No. 77. ] 

treaty of £2(1 February, 1819 ; about eight liundred square miles of wbicri 
liavebeeti sold and patented by tlie United States, and the money paid into 
the public treasury, with the unsuspecting confidence of the right of soil 
at the time it was surveyed and sold. Whether this be ti'ue or not, which it 
cannot be expected will be conceded without further investigation^ since not 
only the commission appointed in pursuance of the treaty before mentioned, 
but a commission constituted by the State of Georgia herself, have pro- 
nounced that, in their ojjinion, it is not so, tiiere is a previous question to 
be determined, to wit : 13oes not the treaty of 1795, the ])r()ceediiigs under 
it, the consent of Georgia, as a compone?it ])art of the Union, exei-cising 
an unquestionable constitutional power in the negotiation and ratification 
of a treaty of limits, the acquiescence of tiie State for twenty-seven years, 
by their delegation here, and their Executive there, exclude them from 
setting up this claim at this time ? Or, does the charter of the colony, tlie 
constitution of the State, so far exempt them from the operation of this 
treaty, and their assent to it so formally giveti, and publicly expressed, as 
to authorize them to set aside the treaty, and proceedings under it, and 
now institute an inquiry as to what is the true source of St. Mary's river ? 
I think Georgia cannot constitutionally or justly assert such a claim, and 
1 trust it will be resisted with a becoming regard for the interests of the 
United States and the Territory I have the honor to represent. 

The first charter granted to Georgia was in the fifth year of George IF, 
Anno Domini 1732, which embraced all that part of Carolina lying be- 
tween the Savannah river on the north, and the Altamaha on the south. 
In the yeai' 1763, the King, l)y his royal proclamation, made four new 
provinces in th.e country acquired in America by the definitive treaty of 
j)eacc concluded at Paris on the 10th February of that year. These pro- 
vinces were Quebec, Gienada, East and West Florida. In designating the 
boundaries of East Florida, in that proclamation the following expres- 
sion is used : " From that part of the Jippiilnchicola where the Chattahoochie 
and Flint rivers meet, to the source of the St. JIarifs river, and by the 
course of the said river, to the JJtlavtic Ocean,'' In this proclamation, there 
is also a gi-ant in these words : '< Jf'e have, also, with the advice of our 
Privy Council aforesaid, annexed to our pioviuce of Georgia all the lands 
lying between the rivers Aitamahn and St. JIary's.'' It will be perceived, 
from an examination of the foregoing ai-ticle in the King's proclamation, 
that the land annexed by it to the jjrovince of Georgia, soutl) of the river 
Altamaha, did not extend beyond tlie source of that liver, and that of the 
St. Mary's. I have not been able t(» discover any grant, proclamation, or 
public act by which the State of Georgia could set up any thing like a 
legitimate claim west and soutii of a line drawn from the head of the river 
Altamaha to that of the St. Mary's. It appears to me that the Government 
of the United States can, with much more projjriety, annex all the land not 
included within such a line, and conse(juentIy not within the chartered 
limits of that State, to Florida, than to institute an investigation, at this 
time, to find a southern cieek i-utniing into St. Mary's, for the boiindai-y 
of that State. The commission given to Sir James Wi-ight, on the 20tli 
Januaiy, 17G4, if it confeiied a jui isdictiofi beyond the j)! oclamation, 
couhl not be considered a grant of soil : the one is a law fixing upon cer- 
tain geographical limits as the boinidaries of i)rovinces ; the other, an au- 
thority to exeicise Jurisdiction si)ccified in the grant of jiower. The 
commission of Sir James Wright calls for the southei-n stream of St. 



[ Doc. No. 77. ] 71 

Mary's ; as this is repugnant to the grant of soil of botli tlic j)ro\ inccs of 
Georgia and East Florida, it must be holden, like all commissions con;- 
taiuing authority more extensive than the law on wliich they are founded, 
void pro tanto. This variance can reasonably be accounted for by a 
reference to the fact that, in the first charter to Geoi'gia, tiic most southern, 
stream of the Altaniaha was fixed upon as tlic soutiiern limit of the colony, 
and the commission to the Governor and Cajjtain General pursued the char- 
ter. The second commission, after tlie annexation by the proclamation 
before (quoted, appears to be a coj)y of tlie first, and in like manner calls 
for the most soutiiern branch of tlie St. Mary's, which does not accord 
with tlie proclamation. The Governor of Georgia, in a communication to 
the Legislature of that State, of 28th November last, s|>eaks of the land 
annexed to Georgia by the King's proclamation and the commission of 
Sir James Wright. It will be jjerceived that the latter includes more 
than the former, and that they cannot be connected togethei* as embracing 
the same tei-ritoi-ial extent ; and if it be correct that a commission con- 
ferring powers more extensive than the law on which it is founded be void, 
the argument of course cannot be maintained, and the conclusion to which 
the Governor conducts us, ''that a portion of the land within tlie limits of 
Georgia on tiie Florida frontier has been surveyed and sold by the United 
States," is fallacious. A very obvious distinction might iiere be taken be- 
tween a proclamation, which is notice to all the world, and has the force 
of law, and a commission, which gives jurisdiction, and is of a naturft 
to be regulated by convenience, and may be limited to one, or extended to 
half a dozen provinces. If, however, any doubt should remain, from 
this discrepancy, it is put to rest by the treaty between Great Britain and 
the United States, of yd Sejitember, 1783; this treaty, which fixes the 
limits of the United States, at the conclusion of the revolutionary war,, 
dii-ects that our southern boundary shall pursue a line in latitude 31* norti* 
of the equator, "to the middle of the river Appalachicola or Chattahoo- 
chie ; thence, along the middle thereof,, to its Junclion with the Flint 
river, and thence straight to the head of St. Mary's river." So far, there- 
fore, as any argument has been urged, founded on the charter of Geoi'gia, 
I feel persuaded that it will be considered as having no force in opposition 
to the treaty ; it was certainly conijietent for the confederacy, in concluding 
a peace at the termination of the war of independence, to regulate the boun- 
daries of any of the former colonies. Contemporaneously with the defini- 
tive treaty of peace between the United States and Great Britain, was the 
cession of East and West Florida by Great Britain to Spain ; and the ques- 
tion arose between his Catholic Majesty and our Government, wliat was 
the head and source of the St. Mary's river, as defined in the charter of 
Georgia and East B'lorida, and tiie treaty of 1783 ? The binding force 
of the treaty of 1783 is admitted by Governors Troup and Forsyth, and 
it is referred to by them ; and the treaty of 1795, between Spain and the 
United States, follows it almost literally in the description of the boun- 
daries between the two countries ; but these boundaries, excepting where 
determined by natural objects, required ascertainment by actual survey 
and demarcation ; it was necessary to ascertain the thirty-first degree of 
latitude by astronomical observation, and afterwards to trace <lie line by 
actual survey ; to accomplish this, was inserted the 3d article of the treaty 
of 1795. Can it be denied that it was competent to the United States to 
enter into stipulations with Spain, to carry into eflfect the treaty of 1783 ? 
And docs the treaty of 1795 profess to do any thing more ? There is no 



72 [ Doc. No. 77. ] 

cession of teri'itory ; tlie sole and exclusive object of the treaty of limits 
was to carr-y the former treaty into effect; what then has The constitution 
of Geoigia to do with the question ? By relation, tlie act ascei'taining the 
limits, according to tlie princijjles adojited in the treaty of 1783, became a 
part of that tieaty. In oidcr to piccliide further dis])ute, and tci-minate 
discussion, it was stijnilatcd that the i)lats and joui-nals of the commis- 
sioners should form a part of the treaty of limits ; the line thus practically 
ascertained is to be considered as if exjjressed in that treaty. Without 
])ursuing this course, the treaty of 1783, as i-cgards the limits between 
Si)ain and the United States, would have been a dead letter,or at least useless 
for any j)racli(:al purpose; both treaties speak of the junction of the Flint 
and Chattahoochie as one point, and the head of the St. Mary's as the 
other, at whicii the line was to begin and teiminate ; the first required no 
other ascertainment than that of tiic treaty of 1783 ; the seco)uI rccjuired 
the exercise of judgment and research : thei'e could be no dilTerence of 
opinion as to the first, but it was not the case as to the last. Like all 
other rivei's, the St. Mary's has many heads, and different opinions might 
exist as to that most <Ieservirig of the name. It was, therefore, necessary 
to settle the mattei* by convention and agreement; and, if this were done 
fairly, and without fraud, it should be. and is, as binding on the parties as 
if it were inserted in tlie ti-eaty of 1783. No unfairness is alleged ; the 
inteiest of the United States pi'ompted their commissioner to obtain the 
most advantageous adjustment; and he did not yield in intelligence to 
that of Spain. The United States had, at this time, no advei-sc interest 
to that of Georgia ; on tlie contrary, it was their interest to obtain for 
that State as much as they could. If the interest of Georgia had been 
compr(nnitted by the fraud of the commissioner of the United States, I do 
not say there would be no gj-ound for a claim of indemnity for the injury 
sustained. But sujipose Sj)ain had continued in possession of Florida, and 
this (piestion had arisen between her and Georgia, the parties would be 
placed in a singular attitude. Sjiain would Iiave had just reason to com- 
j)lain, unless guai'antied by the United States, in what liad solemnly been 
settled and assiii-ed to Iter. The matter, after having been determined by 
the proper j)arties,the only parties com])etentlodetermine it, was acquiesced 
in for twenty-seven years, during which time an examination has been 
ma«le by a commission constituted by the State of Georgia, and a report 
made, that this was tlie head of the rivei'. Upon what principle can this 
matter be opened, or rathei' considered as never having been settled ? I 
think it ought to be coiisideied res adjndicala, i\m\ the maxim ^^interet 
JidpnbliccT vt finis litinm^^ i{\)\)\m\, 'A maxim more im|)nrtant in the dis- 
putes of nations than to the contioversy of individuals. Supj)osc Spain 
had attempted to extend liej- jurisdiction beyoml Ellicott's mound, should 
we have not ajjpealed to the ascertainment and decision in j)ui'suancc of 
the treaty of 17'J5 ? And would not Geoi-gia have justly complained of 
the bad faitii of Sjjain, and called down upon her the curse of Scrij)lure, 
lor attempling to lemovc her neighbor's landmarks ? 

Justice does not vary with tlie change of parties. If such pretension 
would have been unjust on the jjart of Spain, it would be equally so on the 
part of the United States, or of Georgia. The necessity of adhering to 
treaties, when entered into, has been fully and ably ui-ged by Governor 
Ti'oiip on another occasion. If the question would be considered as set- 
tled between Sj)ain and the United Slates, I cati see no leason why the 
subsequent acquisition of Florida should give rise to it again ; and if there 



f Doc. No. 77. ] 73 

be any force in the argument that Georgia and the United States are the 
only [)arties, as the Delegate of Floi'ida, I solcnily protest against any 
alteration of the boundaries, witliout tlie consent of my constituents. 

If there is any grant of authoi-ity in tlie constitution, unquestionable in 
its nature, and 1 had almost said unlimited in its extent, it is the treaty- 
making jjower given to the Gencial Govei-nmeiit. The safety of the 
States Nvas amply provided for, by requiring tlie ratification of the Senate, 
their immediate i-eprescntatives. It cannot be expected tliat such a body 
would ever advise or consent to any convention tliat would injure them- 
selves or their States. An enci-oachrnent, in one instance, would only be 
a precedent for its rej)etition in another : and t!ie first blow would strike 
a nerve which would agitate the body politic in all its parts. Tin-. United 
States did not profess to cede any |)(jrtion of Georgia, hut to have its li- 
mits ascertained. The State of Geoi-gia is j)rohibite(l by the constitution 
from forming any compact, convention, or alliance, or entering into any 
negotiation with a foieign Power, on the subject of boundary, or any other 
subject whatever. She can negotiate only through the Government of the 
United States ; and any act constitutionally performed by that Govern- 
ment, in which her interests are affected, she is bound by, as much as if 
executed by herself. This is the only organ through which her comjjlaints 
can be heai-d, and herriglits protected, in controversies with other nations. 
The assent of the State was given to the treaty of 1795, which was en- 
tered into by her duly constituted agent, the Government of the United 
States, on a subject-matter within their legitimate jurisdiction ; and, by 
that, Georgia is constitutionally ami moi-aily bound — nam ille qui facit 
j)er alium facit perse. It would be in vain that powers wei'c given and 
treaties made, if one individual State had the right of resisting the solema 
conventions of the General Government, their own representatives a 
component part, without any respect to their having been executed accord- 
ing to all the forms of the constitution, or to limitations as to time. 

The assent of Georgia was not only gfven to the treaty of 1795, but 
upon a recent occasion, in the enactment of a law, in the execution of 
which this difficulty occurred, it was still more clearly and unequivocally 
expressed. That law was inti'oduccd by a ])art of the Georgia delega- 
tion, at the instance of the Executive of that State. This act, as intro- 
duced by them, and in the form in which it j)assed, did not provide for 
ascertainins: the limits between the State and Territory, but authorized 
the President of the United States, in conjunction with the constituted 
authoi'ities of Georgia, ''to cause the line to be run and distinctly mark- 
ed," and ''the line so to be run and marked shall be straight from the 
junction of the Chattahoochie and Flint, to tlie point designated as the 
head of St. Mary's river, by the commissioners appointed under the third 
article of the treaty of 1795." 

It never occurred to that higlily res])ectable delegation that it was com- 
petent for the United States to do any thing moi-e than to execute the un- 
finished work of running and marking the line between the two jioints 
agreed upon by the two Goveriunents of Spain and the United States : and 
it apj)ears ncvei- to have occurred to tlie Executive of Georgia, until the 
work was nearly conqjleted. The bill, as it was introduced by them, was 
objected to by me, on the ground that it should only provide for running 
to the head of St. Mary's. It did not occur to me that the journals and 
proceedings of the commissioners were to be a part of the treaty itself. 
10 



74 [ Doc. No. 77. ] 

Of this, liowever, I was soon informed by Governor Forsyth, who refer- 
red to tliat article of the treaty, and cotivincod not only myself, but the 
committee, that the question having been settled by the two nations, it 
could not now be disturbed. My opposition to the bill, as it came from 
the Senate, was induced by liaving learnt that there was a northern branch 
of the St. Mai-y's, of greater extent than the one selected by Ellicott and 
the Spanish commissioner, which, if ascertained to be the iiead of the 
river, would give to Florida as much land above the line as is now claimed 
by Georgia below it. 1 was convinced, however, by the arguments of 
Governor Forsyth, (and few men have greater powers to convince than 
that gentleman, on all questions letiuiiing learning and talent.) that, 
however just our claim, it was one that could not be asserted, in conse- 
quence of its having been definitively settled by this treaty, which 1 now 
plead in bar of further proceeding. The discovery of a southern branch 
of the St. Mary's has altered the case, but does not alter, in my judg- 
ment, tlie princijdc on whirh it should be decided. When this bill came 
up for consideration, jio objection was made to it by the delegation from 
Georgia, in either House. If they supposed that the question was yet 
open for discussion, why was the bill permitted to pass confining the ope- 
rjition to the two points agreed upon ? I do not know that any limitation 
lias been prescribed to nations or sovereignties, but it does ajipear to me 
that Georgia, after all these proceedings, ought not to claim an exemption 
from their operation, or to avail herself of the common law maxim, ** nul- 
lum tempus occnrrit RegU' As [ contend that no further legislation is 
iiecessai'y on this subject, I will only refer to a few facts to show the in- 
trinsic difficulties of any furtlier proceedings. 

The commissioner of the United States, a gentleman of practical sci- 
ence and great erudition, who is alike distinguished for his activity, per- 
sonal industry, and intellectual refinement, declai-es that the source of the 
St. Mary's is not only indeterminate, but indeterminable by any geogra- 
phical or physical process whatever. I take the liberty to annex two 
extracts from the letters of tiiat gentleman to me, which place the subject 
in such a clear light, and aie expressed in so much better language 
than I can employ, that no remark of mine is necessary on the points to 
Avhich they relate. 

Upon most occasions, there is little difficulty in finding the head of a 
river. The longest branch from its discmboguement, or the one which 
discharges the most water, is not always the head of the river. Names 
are arbitrary. The Escamba river, which discharges itself into the head 
of Pensacola bay, has two bi-anches arising within one hundred miles of 
its mouth ; whilst that of the Conecuh, which also runs into it, is almost 
twice as long, discharges the most water, and yet is ceitainly not the 
head of the Kscambia, which luis been known by tliat name more than 
half a century. This southern branch of St. Mary's, which has lately 
been discovered, and sought to be made the boundary of Georgia, has 
been known, from time immemorial, by adifTeient name, and was no more 
thought of as tiie river known by the name of St. Mary's, than the Cone- 
cuh is now of the Escaml)ia. It may discharge ten times the quantity of 
water, and yet not be the head of St. Mark's, as known at the time the 
charter was granted to Georgia, oi- when the treaties of 1783 and 1795 
were made. The norihern and what is now called the middle branch, 
near which the mound of Ellicott is erected, were then considered the only 
branches of what is properly called the St. Mary's j and the general idea 



[ Doc. No. 77. ] 75 

which prevailed at the time was, that Ellicott, the American commis- 
sioner, had obtained the advantage of the Spanish, in fixing tlie mound 
near what was. before this new discovery and new name, the southern 
branch of the St. Mary's. If tlie commission of Sir James Wrigiit, re- 
ferred to by Governor Forsyth, was not copied by mistake, from the first 
calling for the soutliern brancli of Altamaha, tliis middle one was evi- 
dently intended. The |)rovincial authorities, in the regulaticm of their 
parish, so considered it ; the Board of Trade and Plantations, in Eng- 
land, so thought; and the commissioners of Georgia, appointed under the 
authority of the State, so reported. It is known that, at the time the ex- 
amination was made by the surveyor of Georgia, it was a season of unparal- 
leled drought, and, at anothei- time, he might have made the same inves- 
tigation, when all the waters of that vast reservoir composing, and in the 
vicinity of the Okefenokee swamp, discharging themselves through this 
middle channel, would have furnished more water in a month than the 
South creek did in a year. In a country remarkable for its calcareous 
combinations, new springs may break out, and branches be formed, which 
did imt exist half a centui-y ago. 

I have heard it suggested that Eliicott's report was not to be found in 
the Department of State : it will be observed that the treaty speaks of 
" the Journal^" of which we have a ropy in the Librai*y of Congress, and 
this objection cannot be urged by Georgia, because it was stated to Col. 
Randolph, the commissioner of the United States, at Milledgeville, by the 
Executive, that the joui-nal was considered authentic there, and would be 
acted upon as such. This journal was composed after the report was made ; 
and, as a matter of history, would be considered conclusive, even if it 
were not made a part of the ti-eaty. After this lapse of time, it would 
hardly be expected that, in relation to a fact of such notoriety, it would 
be required to support it witli such teclinical evidence as a certified copy 
from Si)ain, because, by accident or negligence, it has been lost. Wc 
might as well demand from Georgia a certified copy of her charter from 
England at this day. If any evidence of its authenticity were demanded, 
or corroboration of the general history of the country, it will be found in 
the ostensibility of the mounds, and the objects and marks described. 

In conclusion, I solemnly believe that the United States have a much 
stronger claim to all the land above what has been called the Fhn-ida 
boundary west of a line from the sources of the Altamaha and St. Mary's 
to the limit of the first charter, before the annexation by the King's pro- 
clamation, than Georgia has to the land now in contest, south of Eliicott's 
line; and, if that were added to Florida, we should be a State nextyear — 
**a consummation most devoutly to be wished." 
I have the honor to be, 

M*ith high considerations. 

Your most obedient servant, 

JOS. M. WHITE. 



Extracts of letters from Thomas M. Randolph^ Esq.^ United States 
commissioner^ to Jos. M. White^ Delegate from Florida. 

December 23, 1827. 
"Ueau Sir : I not only concur fully in opinion with you upon the ques- 
tion of the Georgia claim, but I really think, with gravity, that Georgia 



76 [ Doc. No. 77. ] 

might have as reasonably set up a claim, wlien Louisiana was acquired, 
to the cxteiior of her territoi-y as far as tlie Anglo-American Andes, be- 
cause it icached the Mississippi before. 'All the lands lying between 
the rivers Altamaha and St. Mary's,' to take fifty miles wide over St. 
Mary's, is as unreasonable, in my opinion, as tlic former would have been. 
The head of St. Mary's was know n as soon as there was a settlement at 
its mouth : for the Indians of Old Mico and the Mickasuky towns went 
there to ti'ade very soon after, and were soon followed by great numbers 
of those residing on the waters running into the Gulf; all of whom turned 
out where Suwiuice runs out of it, and crossed St. Mary's about three 
miles below Ellicott's mound, at what is called the Pine Log crossing 
place to this day, because a very tall tree would reach across that place. 
They were always said to have come by the head of St. Mary's ; and that 
trail is acknowledged to be very ancient. The reconnoiti'ing party sent 
by Ellicott and Minor, although they passed the mouth of what is called, 
to this day, the south prong, by the |)eople residing near, went dii-ectly 
up the St. Mary's river to look for its head. They had no thought of any 
other St. Mai-y's. The Privy Council in England had no moi-e thought 
of any other tlian they had : for it runs parallel, mainly, with the Alta- 
maha, while the south prong is at right angles to that river, and would 
have been an indefinite boundary. The Provincial Assembly of Georgia 
could not have contemplated any other in March, 1765; for they bound 
their parish by a due west line from the head of the most southern branch 
they knew of. Now, from what has been hitlierto considered the head, a 
line, according to Ellicott's calculation, from the north towards the west of 
89° 17' 22", would strike the junction of Flint and Chattahoochie; of course 
N. 90° W., or due west, would strike lower down the Ajjpalachicola, being 
more to the left hand in going : how much lower still must a parallel line, 
or another due west course, starting fifty miles further south, come in 
contact witi» tiiat river? The Provincial Assembly could not have made 
such a mistake; I am persuaded they did not make it. Spanisli creek, at 
the mouth of winch was the Indian trading establishment, called Trader's 
liill, was tlie north branch to them, and the St. Mary's itself the south 
branch. It would be as r-easonable to insist on the bead of the Missouri 
now, in consti-uctins: a document of old date rallins: for the source of the 
Mississij)])i, as to shift the nanje of St. Mary's whei-e it never was before. 
To those at all acrjuainted with tlie theory of rivers, it is well known how 
illusr)ry the test applied by Mi". McBride is, where tliey have e.\'j)ansions 
even sullicient to cause the stagnation, for a time, of most part of their wa- 
ters, much moi-c where their origin is a great reservoir. IJut in the sup- 
position that Mr. McBride has determined the section of the channel 
accurately, and has made a correction for the superior velocity of the 
middle of the strciim on the surface, the [)asin of the St. Mai-y's. of one 
hundred times greater area, pejhaps being llat and shallow, while tlie other 
is deep, might have afforded less water at that time, and yet, at another, 
might yield as much in one week as the south piong in half a year; and 
even if tlie latter did furnish most, which I am very sure is impossible for 
the whole year, it would be as unreascMuible to call the centre of its lake 
tlie head of the St. Mary's, as for tlie Scots at (i'asgow to look for the 
head of Cly»le in tlie middle of Loch Lomond ; the outlet of which jiour.s 
into Clyde pcrjietualiy, moi-e, by many times, than all its waters : for Loch 
Lomond has a manifold greater si)acc to supply its waters than the Clyde, 
and the ratio is both inverse and infinitely greater in the American case." 



[ Doc. No. 77. ] 77 

December 26, 1827. 

'' DcAU Silt : In t!ie Iiastv lottor I hud the honor to addrrss you lately, 
I stated what 1 believe you will readily establish upon investigation as an 
historical Tact, that the stream called the St. Mary's I)y Ellicolt. had been 
known by tliat name, at ils head, for a great length of time before, incon- 
sequence of the Indian trading |)ath to St. Mai-y's. and afterwards to Cole- 
rain and 'I'rader's hill, having always crossed it there. 

<*'l'lie commissioners of the United States and S|)ain, in Fel)ruary, 1800, 
had never heai-d tise name applied to any other : for Ellicott does not speak 
of such a question having aiisen between him and Minor. The outlet of 
the main lake, unobserved by them, has not even been indicated in their 
map : so far were they from the i(!ea tliat the name of St. Mary's was 
susce[)tible of being shifted over to one of these latei-al bratiches. 

•* I w ill take the liberty now to commtsniratc anotiier fact, of a dilFer- 
cnt natiwe. coming under the clnn'ograpbic head of the subject. Within 
four miles of the lake w liicli gives rise to tl.e south prong, another lake 
lias been found, of somewhat lai-ger surf;\ce, but affording less water, out 
of whicli Hows what is called the west prong. Ellicott appeals to have 
heard of this, but, quitting the rivei- at his observation mound, to run his 
traverse liiu'. to tiie beacon mourn!, he has not laid it down fui-ther than 
to locate its mouth. Immediately to the east of the south pi-ong there is 
another branch of the river, very much of the same description witii the 
Alligator swamp, which joitis the St. Mary's about two miles below the 
beacon mound : but the former was repoited to me, by hunters, to be half 
a mile wide, whilst the latter, which I explored fully myself, is not much 
over 100 hundi-ed yards at any place where it is two feet deej*. These 
two cannot be called streams, having never yet had cui-i-ent enough to 
scoop out a channel for themselves. The Alligator was not deej)er than 
three feet just above its mouth, wiien St. Mary's was nine feet deep, mea- 
sured witli a j)oie by myself, immediately above the junction. There is 
barely a penejjtible flow in it, and, moreover, there was nowhei-e any 
clear space of water to be found belonging to it, after several days* re- 
connoitiing, crossing and i-eci-ossing, on hoi'seI)ack, whenever the sound- 
ness of its bottom would allow of riditi'^ : for the depth of wafer was no 
hindrance any where. Tliis must, in 1765, have been considered as one 
of the outlets of Okefenokee into St. Mary's; (or it is, in a manner, 
blended with tlie little Okefenokee w Iiich feeds llie St. Mary's at ils bend, 
about six miles from the mouth, where it conies from the southward, and 
turns to the east. Again, that branch of Siiwaisee called Santafee was 
reported l)y the hunters of the country to bead very close to the lake out 
of which runs the south jnong. Wc have, then, a chorographic fact, 
that the space on the surface (*f the earth whicli furnishes i-ain water to 
supply that lake, out of which the sotitli prong flows, is very narrow in- 
jleed, absolutely limited on one sid(^ to two miles, and very little more on 
any other ; while the true St. Mar>'s has a region of many hundred square 
miles, from Satilla to Suwanee, tributary to its head only : and its inun- 
dations are great, as Ellicolt testifies, although by no means in pi-oj)orti(m 
to such a sjjace. A botanical fact explains that anomaly. All the n^ai-shes 
which sujiply the true St. Mary's, produce, in great quantity, those << her- 
bal ramoscc [lalustes" of tlie sphiigiuim genus, whicli form peat bogs in 
Scotland and Ireland. The growth is sixfold more luxuriant Inue than 
there in height ; yet they do not show any thing like the same accumula- 



78 [ Doc. No. 77. ] 

tion of debris as in the case of the peat moss. Those plants furnish a sub- 
stance insohible in water, as is well known. The plain of the St. Mary's 
has been gradually elevated by that vegetable production ; its swamps are 
now more extensive than they once were ; and the loss of water it sus- 
tains by evaporation is manifold greater than formerly, in consequence of 
the manifest encroachment of the sphagnose marshes upon the dry pal- 
metto flats. Whoevei'reconiioities on horseback, diligently, will acknow- 
ledge this to be the fact, not theory. But it is entirely different in the 
lakes of that country. The " hcrbse submersaj vado affixse," and the 
♦• herhse arjuatiles liberse" aquis innatantes, are readily soluble in water : 
for they are little more than a watery, parerchymatous substance, notwith- 
standing all the wonders of vegetation offered to the view by valemenia 
and stratiotes, rising to the surface, as in Lake Jackson, in jdaces where 
a ship of the line could float. It is quite jjrobablc that the head of St. 
Mary's is furthei" south, from that cause, now, than it was in 1765, when 
the Provincial Assembly thought a dtie west line from it would strike the 
mouth of Flint. It seems almost certain tiiat the river receives less wa- 
ter in its channel near the beacoti mound, than it once did. The question, 
where is the eastern extremity of the line, was pi'obably much easier 
to settle then, than it is likely to be now. But the provision made in the 
treaty between Spain and the United States, of October, 1795, was known 
to Georgia. Ellicott was appointed before that year expired, and his re- 
port was not made until May, or .Tune, 1800. The General Government 
liaving exclusively the foreign relations, of course made the arrangement 
with Spain, and Gccn-gia was satisfied with the arbiter during four years* 
continuance of his functions, and with the awai-d lor twenty-seven years ; 
nineteen yeais without any investigation on their part, and nine years af- 
ter one made tliinnigh the agency of three of their first citizens, to whose 
minds the idea of shifting the name of St. Mary's, from a stream that had 
always borne it, to another, did not occur. 

"The autliorities of Georgia, so far, and so long too, had ratified the 
conclusion made with Spain, and Florida, being completely the successor 
of Spain, it seems to me that the surveying the lan<ls now, as ])roposed, 
would be, in that view, no less arbitrary and violent than an invasion of the 
Spanish territory, with the desig'i to take possession, w^ould have been 
formerly. 

♦* The Government of the United States cannot surrender the territory 
of a State ; but, when the claim of a State to such territory has been dis- 
puted, and the dispute settled with the approbation of the State, must that 
Government be reduced to the necessity of saying to the foreign sove- 
reignty, you must send an armed foice yourself to fulfil the award : we 
have no power to do it : it is a case in which the supreme law of the land 
cannot be put in execution by our authority ?" 



Jlessage from the Presiilent of the United Stales, tmusmitting docnments re- 
lative to the bonndarij line between Georgia and Florida. 

Washington, March 3, 1828. 
Tj the House of Representatives of the United States : 

I transmit to the House of Representatives a report from the Secretary 
of State, with documents containing the instructions of the Government 



[ Doc. No. 77. ] 79 

of the United States to Thomas Pinckney, under whiclj was negotiated 
the treaty of San Lorenzo el Real, and relating to the boundary line be- 
tween the United States and the dominions, at that time, of Spain, as re- 
quested by a resolution of the House of the 18th ultimo. 

JOHN QUINCY ADAMS. 



Depautment of State, 

Washington, February 29, 1828. 

The Secretary of State, to whom has been refei-red a resolution of the 
House of Kepresentatives of the 18th instant, requesting the President 
to communicate to tlie House copies of the itistructions of ihe Government 
of the United States, given to Thomas I'inckiiey, its minister in Spain, in 
pursuance of which the treaty of San Lorenzo el Real was entered into by 
said minister witli the Goverr)ment of Spain, so far as said instructions 
relate to the designation of the dividing line between the territories of 
Spain and the United States, has the honor to submit to the Pi-esident the 
accompanying extracts : the first from a letter of instructions from Mr. 
Edmuml Randolplj, then Secretary of State, under date tlie 28th Novem- 
ber, 1794, to Mr. Thomas Pinckney, appointed minister plenipotentiary 
to Spairj ; and the other, from a report referred to tlieiein, wliich compre- 
hends the particular instructions required by the resolution of the House. 

All which is respectfully submitted. 

H. CLAY. 



Extract from instructions of Edmund Randolph, Secretary of State, to 
Thomas Pinckney, minister plenipotentiary of the United States at 
Madrid, dated JVovember 28, 1794. 

•'Your powers inform you, in general terms, of the subjects with which 
you are charged. The development of the principles upon which they are 
to be contended for will be foujid in the documents of which Mi". Sliort is 
possessed. But, for the sake of enabling you to avail yourself of every 
opportunity, before ycju reach Madrid, 1 send a statement of our preten- 
sions as they were laid before Congress, comprehending Mi*. Jay's dis- 
cussions with Mr. Gardoqui, and the instructions and arguments trans- 
mitted to Messrs. Carmichael and Short. In these, the President sees no 
reason for a change.'* 



Extract from ih'itrnctions of Mr. Jefferson, Secretary of State, to Messrs. 
Carmichael and Short, ministers plenipotentiary to Madrid, dated March 
IB, 1792. 

*' The President having thought proper to appoint you Joint commis- 
sioners plenipotentiary on the part of the United States, to treat with the 
Court of Madrid on the subjects of the navigation of the Mississipj)i, ar- 
rangements on our limits and commerce, you will, herewith, receive your 
conunissiuu ; as, also, observations on these several subjects reported to 



80 [ Doc. No. 7 7. ] 

the President, and approved by him, wltich will, tlicrefoie, serve as in- 
structions lor yon. These expi-essing minntcly the sense of oui* Govern- 
ment, and w hat they wish to have done, it is nnnecessai-y for nic to do 
more here than desire yon to juirsue Ihese ohjccls iinroniittiiigly, and en- 
deavor lo bring them to an issue in the course of the ensuing summer." 



Extract from a report of Mr. Jefferson, Secrelurij of State, to the Presi- 
dent of the United Slates, dated I8lh March, 1792. 

The appointment of Mr. CarniichacI and Mr. Shoit as commission- 
ers to negotiate wit!i Ihc Court of Spain a treaty or convention relative to 
the navigation of the Mississippi, and which. j)erhaps, may be extended to 
other inleiests, leii leiing it tiecessai-y that the subjects to be treated ot* 
should be (icveloped, and the cotiditiojis of arrangements explained, the 
Secretary of State rejiorts to the President of the United States the fol- 
lowing observations on the subjects of negotiation between the United 
States of America and the Couit of Sj)ain, to be commimicated, by way 
of instructions, to the commissioners of the United States ajjijointed, as 
before mentioned, to manage that negotiation. These subjects are — 

1. Boundary. 

2. The navigation of the Mississippi. 

3. Commerce. 

1. As to bouiulary, that between Georgia and Florida is the only one 
Avhich will need any explanation. Spain sets u[) a claim to pf)Sscssions 
within the State of Georgia, fotinded on her having rescued them by force 
from the Britisli during the late war. The following view of that subject 
seems to admit of no rej)ly. 

The several States now composing the United States of America were, 
from their first establishment, sepaiate and distinct societies, dependent 
on no other society of men whatever ; they continued at the head of their re- 
spective Goveiiiinents the Executive Magistrate who presided over the 
one they had left, and thereby secured, in elTect. a constant amity with 
the nation. In this stage of their Government, their several boundai-ies 
were fixed ; and j)articulaily the southern boundary <tf Georgia, the only 
one now in question, was established at the 31st degree of latitude from 
the Appalachicola, westwardly ; and the western boundary, originally the 
Pacific Ocean, was, by the treaty of Paris, i-educed to the middle of the 
Mississippi. The ]>art which our Chief Magistrate took, in a war waged 
against us by the nation among whom he resi(h'd, obliged ns to discoPitinue 
him, andt(> name one w ithin evei-y State. In tlie course oftliis war, we were 
joined by France as an ally, and by S\);\\\\ and Holland as associates, 
having a commoji enemy : each sought that commoji enemy wherever they 
could find him. France, on our invitation. landed a large army within 
our teriitories, continued it with us two years, and aided us in recovering 
sundry ])laces from the jiossession of the enemy : hut she did not pretend 
to keep possessit)!! of the places rescued. Spain enteied into the i-emotc 
wcstei'ii part of our territory, dislodged the comnioii enemy from sevci-al 
posts they held therein, to the annoyance of Spain, and perhaps thought it 
necessary to remain in some of them, as the only meatis of j)i'evcnting 
their return. We, in like mainiei*. dislodged them from several posts in 
the same western territory, to wit: Yinceimes, Cahokia, Caskaskia &c., 



[ Doc. No. 77. ] 81 

rescued the inhabitants, and retained constantly afterwards botli them and 
the territory under our possession and government. At the cunchision of 
the war, Great Britain, on the 30th of November, 1782, by treaty, ac- 
knowledged our indei)endence and our l)oundary, to wit, the Mississippi 
to tlie west, and the completion of the 3 1st degree, &c. to the south. In 
her treaty with Spain, concluded seven weeks afterwards, to wit, January 
20th, 1783, she ceded to her the two Floridas (which had been defined in the 
proclamation of 1763) and Minorca ; and, by the 8th article of the treaty, 
Spain agreed to restore, without comyensation, all the territories conquered 
by her, and not included in the treaty, eitlier under the head of cessions or 
restitutions, that is to say, all except Minorca and the Floridas. Accord- 
ing to this stipulation, Spain was expressly bound to have delivered up the 
possessions she had taken within the limits of Georgia to Great Britain, 
if they were conquests on Great Britain, who was to deliver them over 
to the United States ; or rather she should have delivered them to the 
United States tliemselves, as standing, quoad hoCf in the place of Great 
Britain ; and she was bound, by natural right, to (leliver them^to the same 
United States, on a much stronger ground, as the real and only proprietors 
of those places which she had taken possession of, in a moment of danger, 
without having had any cause of war with the United States, to whom 
they belonged, and without having declared any ; but, on the contrary, 
conducting herself, in other respects, as a friend and associate. Vattel, 1, 
3, 122. 

It is an established principle that conquest gives only an inchoate right 
which does not become pei-fect till confirmed by the treaty of peace, and 
by a renunciation or abandonment by the former proprietor. Had Great 
Britain been that former proprietor, she was so far from confirming to 
Spain the right to the territory of Georgia invaded by Spain, that she ex- 
pressly relinquished to the United States any right that might remain in 
her, and afterwards completed that relinquishment, by procuring and con- 
solidating witli it the agreement of Spain herself to restore such territory, 
without compensation. It is still more palpable that a war existing be- 
tween two nations, as Spain and Great Britain, could give to neither the 
right to seize and appropriate the territory of a third, which is even neu- 
tral, much less which is an associate in the war, as the United States were 
with Spain. See, on this subject, Grotius, 1, 3, c. 6, § 26 ; Puffend., 1, 8, 
c. 6, § 17, 23 ; Vattel, 1, 3, § 197, 198. 

On the conclusion of the general peace, the United States lost no time in 
requiring from Spain an evacuation of their territory : that it has been 
hitlierto delayed, by means which we need not explain to that court, but 
which have been equally contrary to our right and to our consent. 

Should Spain pretend, as has been intimated, that there was a secret ar- 
ticle of treaty between the United States and Great Britain, agreeing, if, at 
theclose of the war, the latter should retain the Floridas, that then the south- 
ern boundary of Georgia should be the completion of the 52(1 degree of 
north latitude, the commissioners may safely deny all knowledge of the 
fact, and refuse conference on any such postulatum ; or should ihey find it 
necessary to enter into argimicnt on the subject, they will, of course, 
do it hypothctically, and, in that way, may Justly say, on the part of the 
United States, "Suppose tliat tlie UnitedkStates, exhausted by a bloody 
and expensive ^^ar witli Great Bi'ilain, might have been willing to have 
purchased peace by relinquishing, under a particular contingency, a small 
11 



82 [ Doc. No. 77. ] 

part of tlieii* territory, it does not follow that the same United States, re- 
cruited and better oi'ganized, must relinquish the same territory to Spain, 
without striking a blow. The United States, too, iiavc irrevocably put itout 
of their j)ower to do it by a new constitution, which guaranties every State 
against the invasion of its tcrritoi-y. A disastrous war, indeed, might, by 
necessity, supersede this stipulation, (as necessity is above all law,) and 
oblige them to abandon a pait of a State ; but nothing short of this can 
justify or obtain such an abandonment." 

The southern limits of Georgia depend chiefly on — 

1st. The charter of Carolina to the lords proprietors, in 1663, extend- 
ing southwardly to the river Matheo, now called St. John's, supposed in 
the charter to be in latitude 31°, and so west, in a direct line, as far as 
the South Sea. 

2d. On the proclamation of the British King, in 1765, establishing the 
boundary between Georgia and the two Floi-idas, to begin on the Missis- 
sippi, in 31' of latitude north of the equator, and rumiing eastwardly to 
the Ajjpalachicola ; thence, along the said river, to the mouth of tlie B'lint; 
thence, in a direct line, to the source of the St. Malay's river, and down the 
same, to the ocean. This proclamation will be found in Postlethwayte voce. 
'* British America.'* 

3d. On the treaties between the United States and Great Britain, of 
November 30, 1782, and September 3, 1783, repeating and confirming 
these ancient boundaries. 

There was an intei-mediate transaction, to wit, a convention concluded 
at the Pardo in 1739, whereby it was agreed that ministers i)lenipoten- 
tiary should be immediately appointed by Spain and Great Britain for set- 
tling the limits of Florida and Carolina. The convention is to he found 
in the collections of treaties ; but tiie jiroccediiigs of the plenipotentiaries 
are unknown here. ^n. If it was on that occasion tiiat the southern boun- 
dary of Carolina wastiansfcrred from the latitude of Matheo, or St. Joim's 
river, further north to the St. Mary's ? or was it the proclamation of 1763 
which first removed this boundaiy? [If the commissioners can procure, in 
Spain, a copy of whatever was agreed on in consecpicnce of the convention 
of the Pardo, it is a desirable State j)apei- here.] 

To this demonstration of our i-ights, may be added the explicit declara- 
tion of the Court of Spain that she would accetlc to them. This took place 
in conversations and correspondence tliei-eon between Mr. Jay, niinister 
plenipotetitiary for the United States at the Court of Madrid, the Marquis 
de Lafayette, and the Count de Floi'ida Blanca. Moiisiein* de Lafayette, 
in his letter of February 19, 1783, to the Count de Florida Blanca, states 
the result of their conversations on limits, in tlicse woi'ds : " Witli respect 
to limits, his Catholic Majesty has adopted those that are detei-miiied by 
the preliminaries of tiie 30th of November between the United States and 
the Court of London." The Count de Florida Blanca, in his answer of 
February 22d, to M. de Lafayette, says, «» Although it is his Majesty's 
intention to abide, for tlie present, by the limifs establisiied l)y tlie ti-eaty 
of the 30t!i of November, 1782, between the English and the Americans, 
the King intends to inform hiinself particularly whetlier it can I)i', in any 
way, inconvenient oi- prejudicial to settle that alVair amicably with the 
United States." And M. de Lafayette, in his letter of the same 
day to Mr. Jay, wlierein he had inserted the preceding, says, "On re- 
ceiving the answer of the Count Florida Blanca, (to wit, his answer be- 



[ Doc. No. 77. J 83 

fore mentioned, to M. dc Lafayette.) I desired an explanation respecting 
the addition that relates to the limits. I was answered that it was a fixed 
principle to abide by tlie limits establislied by the treaty between the Eng- 
lish and the Americans ; tliat liis remark related only to mere iinimi)ortant 
details which he wished to receive from the Spanish commandants, which 
would be amicably regulated, and would by no mcuns oppose the general 
principle. I asked him, before the ambassador of France, (M. de Mont- 
morin,) whether he would give mc his xvovd of honor for it. He assured 
me he would, asul that I might engage it to the United States.'* 



Report of the Committee on the Judiciary of the House of Representatives, to 
which was referred the message of the President of the 22d January^ 18£8, 
transmitting copies of communications from the Governor of Georgia^ re- 
lating to the line dividing that State from the Territory of Florida — 
March 21, 1828. 

The correspondence between the President and the Governor of Georgia^ 
thus refei-red to the committee, presents the question. What is the correct 
boundary between that State and the Territory of Florida ? To enable the 
House to decide this (juestion. the committee lieg leave to present to tiieir 
consideration a condensed view of the evidence in relation to it. 

The charter of Carolina to the lords pro[)rietors, in 1663, extended south- 
wardly to the river Matheo, now called St. John's, supposed in the char- 
ter to be in latitude 31*, and so west, in a direct line, as far as the South 
Sea. 

It appears by an extract from the charter of Georgia, in 1732, that the 
boundaries were "all those lands, countries and territoi-ics, situate, lying,and 
being in that part of South Carolina, in Amei-ica, which lies from the north- 
ern stream of a river connnonly called the Savannah, all along the seacoast 
to the southward, unto tlic most southern stream of a certain other great 
water or river called the Altamaha, and westward from the heads of the 
said rivers respectively, in a direct line, to the South Seas." Befoi-c the 
date of this charter to Georgia, by a second charter to Carolina, in 1667, 
its limits had been extended south and westward as far as the degree of 
twenty nine, inclusive, of noi-thern latitude. The Government of Carolina 
having been, in its origin, a proj)rietary one, was, in 1729, surrendered 
by seven out of eight of the ])roprietors, and afterwards by the eighth, and 
then became a regal one ; and tlie province was divided into the two Go- 
vernments of North and South Carolina. The order of Council making 
this division, and fixing the boundaries, is not accessible to the committee, 
nor is it deemed material. 

The trustees of Georgia, in 1752, surrendered the whole territory to the 
King, and the Government was afterwards entirely regal. 

The King, by a proclamation of the 7th October, 1763, annexed to the 
province of Georgia all the lands lying between the rivers Altamaha and 
St. Mary's, ami by his commission to Governor Wright, of the 20th Jan- 
uary, 1764, declaims the boundaries to be on the north by the most north- 
ern stream of a river there commonly called Savannali, as far as the head 
of said river, and fi'om thence westward as far as our territories extend ; 
on the east by the seacoast, from said river Savannah to the most south- 
ern stream of a certain other river called St. Mary, including all islands 



«4 [ Doc. No. 77. J 

within twenty leagues of the coast lying between the rivers Savannah and 
St. Mary, as far as the head thereof; and from thence westward as far as 
our territories extend, by the north boundary line of our provinces of East 
and West Florida. 

By the treaty of peace, in 1783, between the United States and Great 
Britain, tlie southern boundary of the United States is thus described : 
" South by a line to be drawn due east from the determination of the line 
last mentioned, in the latitude of thirty-one degrees north of the equator, 
to the middle of the river Appalachicola or Chattaiioochie; thence, along the 
middle thereof, to its junction with the Flint river; thence, straight to the 
'head of St. Mary's river; and thence, down along the middle of St. Ma- 
ry's river, to the Atlantic Ocean." 

By the proclamation of 1763, before referred to, the King had declared 
that part of the northern boundary of East Florida which is now the sub- 
ject of inquiry, to be as follows, viz. To the northward by a line drawn 
from that part of said river (Appalachicola) where the Chattahoochie and 
Flint livers meet, to the source of St. Mary's, and by the course of the 
said river to the Atlantic Ocean. Spain haviiig obtained from Great Bri- 
tain a cession of the Floridas. without, as is believed, any description of 
limits, but with a knowledge of the provisional treaty of November, 1782, 
■and under what were the boundaries of those provinces in the hands of 
Great Britain, some difficulty arose between the United States and Spain 
in relation to this boundary, which led to the treaty of 27th of October, 
1795, commonly called the treaty of San Lorenzo el Real ; by the second 
-article in which it was agreed that the boundary line between the United 
States and the Floridas shall be designated by a line beginning on the 
river Mississippi at the northernmost part of the thirty-first degree of lati- 
tude north of the equator, which from thence shall be drawn due east to 
the middle of the river Appalachicola or Chattahoochie ; thence, along the 
middle thereof, to its junction with the Flint; thence straight to the head 
of St. Mary's river; and thence, down the middle thereof, to the Atlantic 
Ocean. 

It was provided by the third article of that treaty that a commissioner 
and surveyor, to be appointed by each of the contracting parties, should 
run and mark the boundary according to the stipulations of the second ar- 
ticle above recited. It was further stipulated that they should make plats, 
and keep journals of their proceedings, which should be considered as part 
of the convention, and have the same force as if they were inserterl therein. 
In conformity with this stipulation, Andrew Ellicott was appointed com- 
missioner, and Thomas Freeman surveyor, on the part of the United States, 
for the purpose of running the line mentioned in the second article. This 
appointment was made in May, 1796. It appears, from a letter of the 
commissioner, dated 22d March, ISOO. to the then Secretary of State, that 
a report of what had been done would soon be comj)lcted ; but that report, 
if made, is not now, as far as the committee arc informed, to be found. It 
appears, from the same letter, that our commissioner experienced great dif- 
ficulty and embarrassment, in the execution of the duty assigned to him, 
from the Indians; and, he intimates, at tlic instigation of others. The 
journal of Ellicott was published in 1803. It appears tliat the commis- 
sioners did not run and mark the line from tlic junction of Chattahoochie 
and Flint rivers to the head of St. Mary's ; but tlioy designated a point 
which should be taken as the one to or near which a iinc should be drawn 



[ Doc. No. 77. ] 85 

from Flint river, which, when drawn, was to be final, provided it passed 
not less than one mile north of a certain mound erected by tlicm : but if, 
on experiment, it should be found to pass within less tlian a mile north of 
said mound, it should be corrected to carry it to that distance. This mound 
is near the Okefetiokee swamp. It appears from a report of John McBride, 
a surveyor appointed by Georgia in the year 1827, that tlicre is a stream 
called by him the south branch of the St. Mary's, much furtlier south than 
the one considered the head branch of that river by the American and Spa- 
nish commissioners ; and he says that both its length, its volume of water, 
and general direction, coincide in favor of the south branch. It appears, 
by a document referred to as part of this report, marked A, that, under a 
resolution of the Senate of Georgia, in 1818, the Governor of that State 
appointed commissioners to examine and report whether EHicott's mound 
was the ti-ue head of the St. Mary's ; and from tlie letter of the Governor, 
in 1819, to the Secretary of War, it appears that the commissioners had 
reported that, after a careful examination, they found the head of St. Ma- 
ry's to agree with the report made by Mr. Ellicott. Two of ti»c commis- 
sioners, in a pjiper referred to as part of this report, marked B, think it 
probable that they may have been misled by their guide — assigning as the 
reasons of that impression, 1st, that they recollect to have seen what ap- 
peared to tliem, through thick brusliwood, to be a lively little stream, 
emptying in through the opposite or right bank of the southern or middle 
fork of the St. Mary's ; which, being j)ointed out to the pilot, he replied 
that the branch they were pursuing was the right one; and, 2d, by the 
representation given by the survey of McBride. After this review of the 
evidence, it will be seen by the House that the question is. What is the 
head or source of the St. Mary's ? For the other end of the line, to wit, the 
junction of the Chattalioochie and Flint rivers, being uncontested, so soon 
as the head of the St. Mary's is ascertained, all difficulty ceases as to the 
boundary. The committee are of opinion, upon tlie whole view of the case, 
that the point designated by the American and Spanish commissioners 
ought to be considered as the head of St. Mary's. They consider the solu- 
tion of the question to depend on this : which stream is to be considered the 
true St. Mary's river, according to reputation, and the understanding and 
acquiescence of the parties concerned. As far back as 1800, the commis- 
sioners of the two Governments considered, upon examination, what is now 
called the north branch as the St. Mary's ; and the Georgia commission- 
ers, in 1819, concur with Mr. Ellicott as to the head of that river : although 
another river unites with this, which vents more water, and is longer, yet, 
if it were not called or known by the name of St. Mary's, these circum- 
stances would not alter the case. The committee infer that it was not so 
called or knowij, from these circumstances : 1st, that the commissioners of 
two Governments were appointed to settle and decide a contested question 
of boundary: to do this, the head of the St. Mary's being one of the ter- 
mini, it became their duty to seek for information from every source acces- 
sible to them, as to which stream was the St, Mary's, and what was its 
head. Having fixed upon a particular stream as being the true river, and 
designated a point as its source, and this being matter of notoriety, Geor- 
gia acquiesced without objection, as far as the committee are informed, till 
1818 ; and then the report of their own commissioners coincided with El- 
licott's designation, and that, too, though they had as their pilot, as the 
committee believe, the very person on whose suggestion they had been ap- 



86 [ Doc. No. 77. J 



pointed. In this report Georgia acqiiiesccd, as far as the committee is 
informed, until recently. As far as the nature of this unsettled country 
will admit of reputation as to the names of its streams, these facts may be 
considered as probably the best evidence which was the St. Mary's river, 
and tlie head of that river, as intended in the several State papers above 
recited. There is an example mentioned in one of the printed documents 
which will illustrate the idea of the committee. It is now believed to be a 
geograj)hical fact that the Missouri is a longer stream than the Missis- 
si])pi, an(i, wc believe, vents more water; and yet, as it never has been 
called by the name of Mississippi, if we were now called upon to decide 
what was the head of the Mississippi, we should take, not the source of the 
Missouri, though it unites with the «)ther stream, but the source of what 
is and has been called the Mississippi. It is not intended to say that the case 
in question is as palpable, but, after settling the principle that, in ascer- 
taining the head of a stream of a given name, we must inquire where two 
streams unite — not which is the longest, or vents the most water, but which 
has been called and known by the given name — we are then to decide, upon 
the best evidence in our power, as to that fact : and we think the evidence 
is in favor of the stream designated by Ellicott. 

liesolred, therefore, as the opinion of the committee, that, in running the 
boundary line between Georgia and Florida, the point designated by the 
commissioners under the third article of the treaty of 1795 between the 
United States and Spain, ought to be the termination of the line from the 
junction of the Chattahoochic and Flint rivers. 



(A.) 
In Senate, \9.th Decemlery 1818. 

Resolved, That his Excellency the Governor be requested to appoint 
two fit and proper persons to proceed, without delay, to ascertain the true 
head of the St. Mary's river ; and, if it shall appear that the mound thrown 
up by Mr. Ellicott and the Spanish deputation is not at the place set forth 
in the treaty with Spain, that they make a special report of the facts to the 
Governor, who shall thereui)on communicate the same to the President of 
the United States, accompanied with a request that the lines may be run 
agreeably to the true intent and meaning of the aforesaid treaty. 

.ind it is further resolved, That the Govei-nor order out a suitable de- 
tacliment of militia to protect the said commissioners in the performance 
of their duty. 

Approved: 1 9th December, 1819. 



Executive Department, Georgia, 

Mltedgevillc, ITth February, 1819. 

Sir : I take the liberty to call your attention to the subject of the con- 
templated line between this State and the province of East Florida, which 
you no doubt recollect is expected to be jun tliis Sjiring by the General 
Government. 

Preparations are making to commence surveying that section of country 
in a short time ; it is, therefore, very desirable that the line should be de- 
fined as early as possible. 



[ Doc. No. 77. ] 87 

The Legislature of this State, at their late session, having received 
satisfactory information that the mound tlwown up hy Mr. Ellicott and the 
Spanish deputation, on the Okcfenokec swamp, is not the true head of St. 
Mary's river, as contemplated in the treaty with Spain, directed me to ap- 
point commissioners to ascertain the fact, and to communicate the result 
to tlie President of t!ie United States, with a i-equest that the line might he 
laid out agreeably to their report. Majors General Floyd and Thompson, 
and Brigadier General Blackshear, have been appointed to, and are now 
engaged in, the pcrfoi*mance of that duty. Their report shall be transmit- 
ted to you as soon as I receive it. 

I have every reason to believe that the head of that river will be found 
at least twenty miles south of the point agreed on by Mr. Ellicott and the 
Spanish commissioner. Should this conjectui-e prove to be a fact, the 
State of Georgia will be entitled to the land witiiin that boundary, ac- 
cording to the treaty with Spain. In any event, it is of great importance 
that one of those lines should be completed us soon as circumstances will 
justify the measure. 

Enclosed, I hand you a resolution of the Legislature on the subject. 
With high respect, I am, sir. 

Your obedient servant, 

WM. RABUN. 

The Hon. John C. Calhoun, 

Secretary of War, Washington City. 



Executive Department, Georgia, 

Milledgeville, M March, 1819. 

Sir : On the 17th ultimo, I had the honor to address you on the subject 
of the contemplated line between this State and the province of East 
Florida. I stated that t!ie Legislature of this State had directed me to 
appoint commissioners to ascertain the true head or source of the St. Mary's 
river, and I promised to forward their report to you as soon as the same 
was received. Tiie commissioners have returned, and reported that, 
after a careful examination, they found the head of that river to agree with 
the report made by Mr. Ellicott, and prove, beyond the possibility of 
doubt, that the infornmtion leceived by the Legislature of this State rela- 
tive to that subject was incorrect. I flatter myself that directions will be 
forwarded to Mr. Lumpkin inimediately to close that line, according to 
the treaty witli Spain. And, if the General Government can afford us as- 
sistance in guarding the surveyors who will be engaged in laying out the 
country, it will be acknowledged as a gieat accommodation. 
1 am, with high respect. 

Your obedient servant, 

WM. RABUN. 
Hon. J. C. Calhoun, 

Secretary of War. 



(B.) 

In the year 1817, Captain William Cone, then a member of the Legis- 
lature of Georgia, represented, on his own knowledge of the St. Mary's 



88 [ Doc. No. 77. J 

river, tliat Mr. Ellicott liad mistaken its true head or source ; and that an 
accurate survey would establish the fact that the head or source of the 
middle fork or branch, (perhaps then called the South Branch,) which was 
twenty miles south of Mr. Ellicott's mound, would be found to be the true 
source of the St. Mary's river, and therefore the true point of demarcation 
between the State of Georgia and the then Spanish province of East Flo- 
rida. The Governor of Georgia was authorized by the Legislature to 
appoint commissioners to ascertain the truth of the facts alleged by Cap- 
tain Cone. The undersigned, with Brigadier General David Blackshear, 
were appointed, and specially instructed, by the Governor of Georgia. 
They employed Captain Cone as a pilot, and, with a competent surveyor, 
caused to be measured (beginning at or near the point designated by Elli- 
cott as the head of the St. Mary's river) the distance from that point, by 
the meanders of the northwest branch, to its junction with the stream or 
branch represented by Cone to be the true source of the St. Mary's, and 
lip the left bank of the latter branch, until the commissioners reached an 
extensive swamp, into which the pilot, with two of the commissioners, 
(the undersigned,) penetrated about half a mile, and saw no water or water 
channel. Captain Cone was then directed by the commissioners to pass 
entirely across the swamp, (to the pine barren beyond the swamp,) who, 
on his return, reported that there was no stream of water or water channel 
in the swamp j and that we had reached the head of the branch to which 
he had referred in the information given by him to the Legislature. On 
a comparison of the length of the two streams, it was found that the latter, 
from its junction with the other to the swamp above referred to, was much 
the shortest ; and the commissioners consequently reported in favor of the 
former as the head or source of the St. Mary's river. 

It is, however, more than probable, that the commissioners may have 
been misled by the inadvertency of Captain Cone, who professed to be in- 
timately acquainted with the geography of that part of the country, and on 
Mhom they were instructed to rely, who may have been diverted from the 
principal stream by mistaking a branch of it. And we, the undersigned, 
are inclined to this belief, first, because we recollect to have seen, a short 
distance below the swamp to which we have referred, v;hat appeared to 
US, througli thick brushwood, to be a lively little stream, emptying in 
through the opposite or right bank of the soutliern or middle fork of the St. 
Mary's, which was pointed out to the pilot ; who replied, that the branch 
we were then pursuing was the right one ; and because of the representa- 
tion given by the survey of McBride. 

JOHN FLOYD. 

February 29, 18£8. WILEY THOMPSON. 



Resolutions of the Legislature of Florida in relation to the Georgia 

boundary. 
Resolved, That it is the opinion of the j)resent Legislative Council of 
Florida, that the sixth article of the treaty between Spain and the United 
States, of the 22d of February, 1819, secures to the inhabitants then occu- 
j»ying, and those wlio may occupy, the ceded territory, as Sj)ainheld them 
under the treaty of 1795, an admission into the Union, as soon as it may 
be consistent with the principles of the federal constitution : and that any 



[ Doc. No. 77. ] 8»» 

diminution of its limits, or alteration of its lines, will be a manifest viola- 
tion of the supreme law, an act of oppression to the inhabitants of the 
ceded territory, and of injustice to the United States. 

Resolved, further, That the Legislative Council, representing the peo- 
ple of tiie ceded territory, respectfully, in the name of the said people, 
protest against the passage of any law that will change tlie boundary be- 
tween tliis Territoi-y and Qeorgia ; and that our Delegate in Congress be 
requested to continue his exertions in resisting tlie pretensions t«ow set up 
by Georgia to fifteen hundred thousand acres of the land ceded by Spain 
to the United States. 

Resolved, further. That commissioners ought to be appointed, in behalf 
of the Teri'itoiy, to ascertain the true sources of the St. Mary's, so that 
our riglits may be defended on facts, as well as the treaty; and to make a 
report at an early period of tlie approaching session of Congress. 

Be it therefore resolved, That the Governor appoint thi-ee fit ajid discreet 
persons as commissioners, to carry the foregoing resolutions into effect ; 
and that any two of them, provided the other cannot attend, arc hereby 
empowered to act. 

Resolved, further, That our Delegate be requested to obtain an order for 
ascertaining the true boundary between Florida and Alabama, or the pas- 
sage of a law for that object. 

** Resolved, further. That the said Delegate be requested to use his exer- 
tions to remove the Florida Indians from this Territory." 
Adopted this 23d November, 1S28. 

THUS. MONROE, 
Clerk Legislative Council, Florida. 



Report to, and resolution of, the Legislature of the State of Georgia, in 
relation to running and fixing the boundary line between the said State 
and the Territory of Florida. 

Executive Department, Georgia, 

December 26, 1828. 

Gentlemen : I transmit the enclosed report and resolutions, agreeably 
to the wisiies of the General Assembly. 

I am, gentlemen, your obedient servant, 

JOHN FORSYTH. 
The Hon. the Representatives from Georgia, 

in the Congress of the United States, Washington City. 



Tlie Joint Committee on the state of the Republic, to which was referred 
that part of the Governor's communication which relates to the divid- 
ing line between Georgia and the Ten'itory of Florida, have had the 
same under consideration, together with the accompanying documents^ 
and, (tfter an attentive examination of the subject, report : 
That the Executive, conformably to the resolution of the last session, 
caused the report then made to be laid before Congress, and, in furtlier 
compliance with the request of the Legislature, opened a correspondence 
12 



90 [ Doc. No. 77. ] 

with the Presideiit of the United States, in which the claims of Georgia to 
her legitimate and constitutional boundary were zealously and aljly assert- 
ed. The report made to the Senate of the United States, by the judicial 
committee, recommended the postponement of the subject until the ensuing 
session. That to the House of Representatives was drawn to a more de- 
finite conclusion, by resolving, " as the opinion of the committee, that, in 
running the boundary line between Georgia and Florida, the point desig- 
nated by tiie commissioners under the third article of the treaty of 1795, 
between the United States and Spain, ouglit to be the termination of the 
line from the junction of tiie Chattahoochie and Flint rivers." Tiiis re- 
port was not acted upon ; the subject, consequently, is yet to be discussed 
and decided. Your committee, reposing full confidence in the General 
Government, and deej)ly sensible of the inviolability of Georgia's claim, 
cannot but express their disappointment tliat the committee should, upon 
the evidence before it, have hesitated to recommend the repeal of the act 
of Congress of 1826, or such a modification of it as would have enabled 
the President to empower commissioners, in conjunction with this Govern- 
ment, to run and mark the line agreeably to the rights of the parties : and 
still more are they surprised that reasons should have been sought after, 
and arguments employed, on which no just inference against our claim can 
be sustained. The whole argument used by the committee cliarged with 
this matter has for its foundation, and arises out of, the mistake of Mr. 
Ellicott and the Spanisli commissioner, in designating the north branch as 
the true source of the St. Mary's. This mistake is the keystone of th» 
whole arch : it is from this that they say the north prong was called St. 
Mary's, and ought to be so considered : it is this that led them into the 
error of declaring that tlie commissioners of the two Governments were ap- 
pointed to settle and decide a contested question of boundai-y ; and because 
this mistake was not detected before the line was about to be run, the ac- 
quiescence of Georgia is presumed, and ui-ged as an argument against 
h€r claim. 

It is a lact admitted by all parties, and which forms the very essence of 
this controversy, that the line between the Cliattahoocliie and Flint rivers, 
and the head of St. Mary's river, was neitiier traced nor marked by the 
commissioners appointed under tlie third article of tlie treaty with Spain. 
From tliTit article they derived their powers, and, by a reference to it, it 
■will ajjpear that they were not plenij)otentiaries, but merely ministerial 
agents, acting under orders to run and mark tiie line according to the stipu- 
lations of the 2d ai'ticle of tiie treaty, which is in the following words : 
" The southern boundary of the United States, which divides their teiritory 
from the Spanish colonies of East and West Florida, shall be designated 
by a line beginning on the river Mississippi, at the northernmost part of 
the 31st degree of latitude north of the ctpiator, which from ilience shall 
be drawn due east to the middle of the river Appalachicola, or Chattahoo- 
chie; thence, along the middle thereof, to its junction with the Flint; 
thence straight to the head of St. Mary's river ; and thence, down the mid- 
dle thereof, to the Atlantic Ocean." From the Mississipj)i to the Chatta- 
hoochie, they executed their commission according to the stijiulations of the 
treaty. The remaining part of the duty assigned them they neglected to 
perform : atid whatever agreement they may iiave niaile by virtue of the 
j)owers invested in the third aiticle, cannot be reasonably insisted uj)on as 
authority for varying the true line, as the article, in its most enlarged con- 



[ Doc. No. 77. ] »#> 

struction, does not extend so far as to justify tl»e running of the line in any 
other direction, or from and to any otiicr points than those designated in 
the 2d article. The point of departure, and terminating point, arc both 
fixed by the 2d article : and it is provided in the Sd, specially, that the com- 
missioners should run and mark from and to those points. The j)oints re- 
ferred to are from the junction of the Chattahoochic ajid Flint rivers to 
the head of the St. xMary's rivei-, and not to mound A, or mound B, or to 
any other indefinite place, to be fixed upon at the commissioners' discre- 
tion. As the proceedings of those commissioners present tlie only difli- 
€ulty, your committee beg leave to cite the \vho!e article under which they 
acted, to wit : " In order to cairy the jireceding article into effect, one 
commissioner and ojie surveyor shall be appointed by each of tlie contract- 
ing parties, who shall meet at the Natchez, on tlie left side of the river 
Mississippi, before the expiration of six months from the ratification of 
this convention ; and they shall proceed to run and mark this boundary 
according to the stipulations of said article; they shall make plats, and 
keep journals of their proceedings, which shall be considered as jiart of this 
convention, and shall have the same force as if they were inserted therein." 
It is charitable to presume that the Judiciary Committee did not examine 
minutely the provisions of this article, or they would not have exposed their 
judgment to impeachment by asserting that "the commissioners of the two 
Governments were appointed to settle and decide a contested question of 
bonndarij." 

There is no discretion conferred in this article. If their plats and jour- 
nals were to have the same force as the convention, they were nevertheless 
obliged to be in accordance with its stipulation. If, therefore, Mr. EHi- 
cott agreed, as is insisted upon, that one mile north of mound B should be 
as far south as the line, when run, should approach, it is very palpable 
that he exceeded his authority, even though he may have made a plat of 
mound B, and journalized the agreement. lie was not sent there to make 
an agreement defining a point to which the line should be run at some fu- 
ture time, but to run and mark the line between points already described. 
If permitted to vary the stipulation of the treaty, he could, with as much 
propriety and equal justice, have fixed upon a poitit fifty miles further in 
the interior of Georgia. The question is, did the Spanish and American 
commissioners run and mark the line from the junction of Chatttihoochie 
and Flint rivers to the head of the St. Mary's river, as they were directed 
to do ? No : they ran no line at all between those ])oints ! What did they 
do? They agreed that the line should be run at some future time, and by 
some other persons, to a certain other point, different from that fixed by the 
treaty ! ! ! The committee who have claimed its extraordinary power for 
the commissioners, place themselves in an inextricable dilemma, as they 
not only consider themselves authorized to overturn the treaty they were 
appointed to carry into effect, hut likewise assume for them the right to 
bargain away the soil and sovereignty of a sovereign State, who could not, 
under her obligations to the Ufiioii, interfere in settling the boundaries of 
the United States, thousfh on that line of it she was more immediately con- 



•o 



cerned than all her sister States together. So far from those commission- 



's 



ers being justified in the exercise of the power which they arrogated, your 
committee, next to the loss of the liberties of their own State, would regret 
to see the time when the Government of the United States should become 
so forgetful of the limitations of her prerogatives, as to assume the power 



92 [ Doc. No. 77.] 

of ratifying a treaty with any foreign nation, by which the least portion of 
the soil of a State should be taken from her without her consent. 

The United States is bound by tlie constitution to protect us from inva- 
sion. Upon the supposition, then, that the line had been run and marked 
agreeably to the report of the Spanish commissioners, and iiad been sanc- 
tioned by the Government, by a ratification of the treaty, it would have 
imposed upon her the disagreeable alternative of breaking the treaty with 
Spain, or abandoning her obligations to the confederacy. If Florida were 
yet a Spanish province, Georgia would have a right to require the United 
States to perform her sacred engagements, by driving from our soil the 
Spaniard who invaded it. *'To provide for the common defence,''' is one of 
the principal objects of our political association ; and could the United 
States humiliate themselves upon our application to have our soil and our 
sovereignty restored to us, by pleading that tliey had ceded it to Spain, 
and therefore could not interfere, such a disregard of her obligations would 
be productive of the worst of consequences, as it would destroy all confi- 
dence in the protection of the constitution. It is not expected, now that 
the Federal Government is the proprietor of Florida, that it can be un- 
mindful of the declaration in the constitution, that <« no new State shall 
be formed or erected within the jurisdiction of any other State, nor any 
State be formed by the junction of two or more States, or parts of States, 
without the consent of the Legislatures of the States concerned." Has the 
Legislature of Georgia ever given her assent, in any manner, that that 
portion of the State should be detached and set apart to assist in the foi-ma- 
tion of another State ? The foregoing allusion to the obligations of the 
General Government to the States, we have thought it advisable to make, 
because it does not appear, from the report made to the House of Repre- 
sentatives, tliat the committee fhemselves consider Ellicott's mound to be 
the head of St. Mary's ; but they say it " ought to be so considered, be- 
cause Ellicott and the Spanish commissioner agreed that it should be so, 
and that the Georgia commissioners, in 1819, concurred in the designation : 
from which circumstances it had the reputation of being the head of St. 
Mary's ; and because of that reputation, it should be considered the true 
head or source of tlie St. Mai-y's." This, though not precisely their lan- 
guage, is the amount of their argument. Your committee, conceiving that 
they have most conclusively proven the American and Spanish commission- 
ers to have acted extra officially in making mounds and agreements not 
provided for by the treaty, any reputation of names inferred from those acts 
is too vague to require serious examination. 

In regard to the acquiescence of Georgia, the facts cited in the report 
to Congress prove that the authorities of the State were deceived. If 
Georgia had considered the act of the United States and Spain as deci- 
sive and final, she would not have deputed commissioners to have made an 
examination. The very deputation sliows that she conceived, as must be 
admitted, that she had a right to be heard in settling her own boundary. 
She did not, though, send those commissioners to make a final settlement 
of her boundary. She could only confer such power when the United 
States were ready to join her in the commission. They were sent merely 
upon an exploring tour, for the satisfaction of the State, on a disputed 
point. The United States were under no obligation to abide by the opi- 
nion formed. How, then, can the United States, upon any principle of 
reciprocity, contend that Georgia should be forestalled by an opinion as 



[ Doc. No. 77. ] 93 

o an isolated fact, to wliich they held themselves free to agree or disa- 
gree ? The acquiescence of Georgia, in the extent to which it has been 
given, only proves that she was then, as she is now, and ever will be, 
while she respects the rights of others as she does her own, billing to be 
governed in the running of tiiat line by the true ])oints. She desired, 
then, no moi-e than she believed to be her right ; and from the evidence 
then in her possession, she supposed tlie point fixed upon by Ellicott was 
tlic true point. She contends now for no more than later developnjents 
incontestably prove to be her own. 

Your conjinittee feel authorized by the facts to deny that Georgia has 
ever acquiesced so far as to agree that tlie line should be run to Ellicott's 
mound. There has been no definite act of tiie State, by which the mat- 
ter has been settled, or considered settled, by either party. It is true her 
commissioners believed that the mound was at the source of the river, 
upon whose information the Governor's opinion was then predicated ; all 
of which was mainly owing to the confidence reposed in the previous ex- 
aminations of Mr. Ellicott. They were not, however, associated with 
commissioners of the United States to settle the boundary : they were act- 
ing merely ex parte, in the search of information, whose report, if correct, 
would not have bound the United States, and, if erroneous, cannot bind Geor- 
gia : neither this nor any other act includes either party, because the par- 
ties never have acted in conjunction ; consequently, the true head of tlic 
St. Mary's has always been debatable, and, from tlie limited information 
as to the topograpliy of the country, it was obliged to remain so, until 
commissioners were duly appointed by the parties to run and mark the 
line. The argument of the committee, that the north prong was called 
the St. Mary's, and therefore <' intended in the several State papers above 
recited," to which ti>ey attach the greatest importance, is based upon the 
same mistake of their own agent ; for, from the evidence adduced by 
them, it appears that Ellicott was the first wlio gave it the name of St. 
Mary's, 'n exclusion of the other branches ; and by an assumption of their 
own, they deprive the southern branch of a participation in the riglits of 
a name. This argument cannot avail, even upon the principle which tiiey 
were forced to admit in their illustration, until a name for the south 
prong, different from St. Mary's, shall have been established, and that, 
too, known to the King of Great Britain when the boundary of (icorgia 
was described ; as it is clear, by the commission to Governor Wright, 
that it was intended by the Royal Government to extend the eastern 
boundary of Georgia to the most southern stream of St. Mary's, and 
thence to the head thereof. The river took its name at the discmbogue- 
ment ; of course, all streams coming in on the south were southern 
streams of that river. To the head of the most southern stream, is the 
point at which the eastern line determines ; for it is in a subsequent clause 
that tiie soutiiern boundary is described to be <♦ thence westward as far as 
our territories extend, by the north boundary line of our provinces of 
East and West Florida." 

By this commission, all previous boundaries of Georgia were revoked 
and determined. To this, then, we are to look for our gcograpiiical limits ; 
and fortunately for us, in this exigency, it describes tiiat stream of the 
St. Mary's to be the head, or source, for which we are now contendins;, 
■with an accuracy that can no longer be misunderstood. It is probable tiiat 
the course of the river was not accurately known ; from which it is infer- 



94 [ Doc. No. 77. ] 

red that it was the intention of the royal commission that Georgia should 
extend as far south as the most southern stream, and to tlie head thereof, 
or tliat part of the description would not have been incorporated in the 
eastern boundary. It is reasonable to believe that this identical stream 
^vas meant, and not the stream at the disemboguement, which was between 
Amelia island and the main, wliicli is one of the mouths of the St. Mary's. 

It could not have applied to that, as both tlie provinces of Georgia and 
Florida were, at that time, under the same regal government, and Amelia 
Avas not tlien, nor has it at any time since been considered as belonging to 
Georgia. If, then, it did not mean the southern stream at the mouth of 
the river, it must have meant the southern stream higher up the river. It 
is from this charter that our Legislature conceived tliemselvcs aulhoi-ized, 
in 1783, to declare our boundary to be " from the foik of the Appalachicola, 
where the Chattahoochie and Flint riveis meet, in a direct line to the 
liead or source of the southernmost stream of the St. Mary's river, and 
along the course of said river to the Atlantic Ocean" — which furnishes 
additional evidence that the south prong was known at that day to be the 
licad of the river. If the southern stream were not ascei'tained to lead to 
the source of the river, there would be more plausibility in the entertain- 
ment of different opinions upon the subject ; as, in that event, the bounda- 
ry acknowledged by Great IJritain in the treaty of 1782, and provided for 
us by the treaty with Spain in 1795, would vary from that described by 
the regal commission of 1764, and our act of 1783. But when all these 
documents agi'ee that the head of the St. Mary's is one of the points by 
which the boundary was to be regulated, and the rights conveyed in the 
charter of Floi-ida are not violated, does it not require a tenacity of opi- 
nion, ai)[)roaching obstinacy in error, to insist u})on a deviation ? It is 
not expected that C(mgres.s will be led by sophistry to the support of an 
erroneous claim. These questions, then, result : if the line were to be run 
to the point agreed upon by the commissioners under the 3d article of the 
treaty with Spain, would it i-un accoi'diug to the boundary described for 
us in our old charter ? according to the boundary which is secured to us in 
the definitive treaty of peace with Great Britain ? which is jjrovided for 
us in the treaty of 1795 with the Spanish Government? which our act of 
1783 recognises ? and, more than all, which our constitution consecrates ? 

Your committee cannot believe that, when the subject is fully investi- 
gated by Congress, the Federal Government will be so unmindful of justice 
and her obligations to one of the confederacy, even upon the hypothesis 
that she could succeed, as to claim an advantage which is derived solely 
from the negligence and err;)r of her own agent. They, therefore, beg 
leave to i-cconiuiend the following resolutions : 

Resolved, Tiiat it is desirable to tlie State of Georgia to have the boun- 
dary line between her and Floi-ida run and marked as speedily as will 
meet t!ic convenience of the United States. 

Resolved^ As the act of Congress of I4th May, 1826, providing for the 
ruiuiiiig and marking that line, requires it to he run and marked to the 
point designated as the head of St. Mary's, bji the commissioners ajipointed 
under tlie'thij'd article of the treaty of frieiulship, limits, ami navigation, 
between the United States and Spain, of 27th October, 1795, and as that 
line is not, in the opinion of Geoi-gia, the true boundary, that Congress 
be earnestly requested, at the present session, to repeal the aforesaid act, 
and to pass another, authorizing the line to be run and marked according 
to the provisions of the 2d article of said treaty. 



[ Doc. No. 77. J 95 

Resolved, That, should Corjgress refuse to make any provision for run- 
ning tlic afcH'csaid line, in cotijunction willi the authorities of Georgia, the 
Governoi" he autliorized and requested to appoint commissioners, to he 
accompanied with a competent surveyor and artist, to run and mark tlic 
line accoi'ding to the stipulations coiitained in tlie 2d article of tlie treaty 
between the United States and Spain, of the 27th of Octobei", 1795. 

JiesoLved, That the Governor be requested to forwaid a copy to our 
Senators and Representatives in Congress, to be by them laid before the 
Senate and House of Kc[U'esentatives of the Congress of tlie Uiiited States. 

Secretary of State's Office, Georgia, 

MillcdgevUle, December 26, 1 828. 

The above and foregoing is from the original deposited in this office. 
Approved by the Governor the 20tli instant. 

E. HAMILTON, Secretary. 



February 13, 1830. 

Tlie Committee on the Judiciary^ to which toas referred certain resolu- 
tions adopted by the Legislature of Georgia, approved the \9th 
December last, relative to the boundary between that State and the 
Territory of Florida, report : 

That they Iiave bestowed upon the subject that attentive consideration 
whicli its great importatice (iemanded, and vvliich is always due to any 
question involving Ihe territorial limits of a sovereign State of this Union. 

Before they proceed to state the i-esult of their deliberations, it is proper 
that they should present a bi-icf historical sketch of the facts out of which 
the controveisy between Georgia and Florida has arisen. 

By the second article of tlie provisional treaty of peace between the 
United States and Great Britain, concluded at Paris on the thirtietli day 
of November, one thousand seven huiulred and eighty-two, it was agreed 
that the southern boundary of the United States, commencing in the mid- 
dle of ti»e river Mississippi, '* at the northernmost [)art of the thirty-first 
degree of north latitude," should run from thence due east " to the middle 
of the river Appalachicola or Chattahoochie ; thence, along the middle 
thereof, to its junction with the Flint river; thence straight to the head of 
St. Jlury^s river ; and thence, down along the middle of St. Mary's river, 
to the Atlantic Ocean.'' 

On the twentieth day of January, one thousand seven hundred and eighty- 
three. Great Britain ceded liast and West Florida to Spain ; and by the 
second article of the treaty of San Lorenzo el Real, concluded on the 
twentieth day of Octobei", one thousand seven limidred and ninety-five, 
between the United States and Spain, it was agreed that, " to prevent all 
disputes on the subject of the boundaiies which separate the territories of 
the two high contracting i)artics, it is hereby declared and agreed as fol- 
lows, to wit : • 'J'he southern boundary of the United States, which divides 
their territory from the Spanish colonies of East and West Florida, shall 
be designated by a line beginning on the river Mississippi, at the northern- 
most i)art of the thirty-first degree of latitude north of the equator, whicli 
from thence shall be drawn due east to the middle of the river Appalacbi- 



9« [ Doc. No. 77. J 

cola or Chattalioochie ; thence, along the middle thereof, to its junction 
with the FJint ; thence straight to the head of St. Mary*s river ; and thence, 
down tlie middle thereof, to the Atlantic Ocean.'" And it was further 
agreed, by the third article of the same treaty, that, *' in order to carry 
tlje preceding article into effect, one commissioner and one surveyor shall 
he appointed by each of the contracting parties, who shall meet at the 
Natchez, on the left side of the river Mississippi, before the expiration of 
six months from the ratification of this convention, and they shall proceed 
to run and mark this boundary, according to the stipulations of the said 
article. They shall make plats and keep journals of their proceedings, 
which shall be considered as part of this convention, and shall have the 
same force as if tijey were inserted therein." 

Andrew Ellicott was appointed tlie commissioner under this treaty, on 

the part of the United States, and Don Minor, a captain in the army 

of his Catholic Majesty, was appointed the commissioner on the part of 
Spain. 

Mr. Ellicott and Captain Minor proceeded to run and mark that i)art 
of the line which ran from the Mississippi to the Chattalioochie. In Sep- 
tember, 1799, when they were preparing to extend the line from the con- 
fluence of the Chattalioochie and Flint rivers to the head of the St. Mary's, 
the hostile disposition and attempts of the Indians compelled them to re- 
linquish their design. As the western point of this line w^as the junction 
of two rivers, it could not be mistaken ; and the commissioners knew that, 
by ascertaining the head of the St. Mary's, and fixing a permanent mark 
upon the spot, they would thus establish the eastern jioint ; and that, be- 
tween these two points, the line could be run and marked at any future 
day. They accoi-dingly proceeded to the mouth of the St. Mary's, and 
ascended tliat river, to the place whence it issues, from the Okefenokee 
swamp ; and, on the £6th of February, 1800, they erected a mound of 
earth on the west side of its main outlet, as near to the edge of the 
swamp as they could advance, on account of the water. It was impossi- 
ble for the commissioners to follow this stream further, for the purpose of 
ascertaining precisely its head, as the swamp from which it proceeds is, 
at all times, almost impenetrable ; and particularly at the season of the 
year when they were there. For this reason, the commissioners agreed 
that the termination of a line, supposed to be drawn north 45° east G40 
perches from the mound which they had erected, should betaken as a point 
to or near which a line should be di'awn from the mouth of Flint river ; 
which line, when drawn, should be final, and considered as the permanent 
boundary between the United States and his Catholic Majesty, provided 
it passed not less than one mile north of the mound ; but if, upon experi- 
ment, it should be found to pass within less than one mile north of the 
said mound, it should then be corrected to carry it to that distance. 

>yith this arrangement Mr. Ellicott believed he had every reason to 
be ])erfcctly satisfied. 

The commissioners, after erecting the mound, descended the St. Mary's, 
and encamped on the south end of Cumberland island, where they remain- 
ed from the Gtli of March until the 10th of April, 1800, occupied in pre- 
paring the report of their proceedings, to be submitted to their rcsj)ective 
Governments. On the latter day, their reports were completed, and they 
left the island. 

The committee entertain no doubt, from the testimony before them, but 



[ Doc. No. 77. ] 97 

that this report was immediately transmitted to the office of the Secretary 
of State, although it cannot at tliis time be fonnd. Whether it has been 
mislaid or destroyed by fire, is uncertain. F'ortnnatcly, however, Mr. El- 
licott published his Journal ii^ 1803, which contains all the information 
that could have been embraced in tlie repoi-t. 

It may here be proper to state that our minister at the Court of Spain, 
in obedience to his instr-uctions, addressed an official note to the Secretary 
of State for Foreign Affairs at Madrid, in the spring of 1828, requesting 
a copy of the report of Messrs. EUicott and Minor, to which no answer 
has ever yet been received at the Department of State. 

From February, 1800, until the year 1817, there is no evidence that 
Georgia entertained any doubt of the coi-rectncss of the commissioners in 
the execution of their trust. In tliat yeai-, Captain William Cone, then a 
member of the Legislature of Geoigia, re[)i"csented, from liis own know- 
ledge, that Mr. Ellicott liad mistaken the true head of the St. Mary's; 
and, in consequence of this infoi-mation, the Senate of tliat State, on the 
19th December, 1818, adopted a resolution requesting the Governor 
thereof »* to appoint two fit and proper persons to proceed, without delay, 
to ascertain tlie true head of the St. Mary's river; and, if it shall appear 
that the mound thi'own up by Mr. Ellicott and tlie Spanish deputation is 
not at the place set forth in the ti'caty with S])ain, that they make a special 
report of the facts to the Governoi', who shall thereupon communicate the 
same to the President of the United States, accompanied with a refjuest 
that the lines maybe run agreeably to the true intent and meaning of the 
aforesaid treaty." Under tiiis resolution, his Excellency, William Rabun, 
then the Governoi- of Geor'gia, appointed Majors General Floyd and 
Thompson, and Brigadier Getieral Blacksheai", commissioners; who, after 
a careful examination, with Caj)tain Cone for their guide, reported that 
they found the head of the St. Mary's to agree with the report made by 
Mr. Ellicott. Governor Rabun, in communicating this information to the 
Secretary of War, in March, 1819, uses the stiong expression, that the 
report of these commissioners ])rovcd, "beyond the possibility of doubt, 
that the information received by tlie Legislature of this State was incor- 
rect ;" and, in the same lettei-, he urges upon the Secretary of War the 
propriety of running and closing the line immediately according to the 
treaty with Spain. 

By tlie treaty concluded at Washington, on the 22d of February, 1819, 
between the United States and Spain, East and West F'loi'ida were ceded 
to the United States. The ratifications of this treaty were exchanged at 
Washington, on the 22d February, 1821, and thenceforth East and West 
Floiida became a territory of the United States. 

The United States afterwards proceeded to sell and |)atent a large por- 
tion of the land included within the ])i'esent claim <if Geoi'gia ; without 
•ever suspecting that their light was doubtful, or that it would be contested. 

On the 4th May, 1826, the Congress of the United States, at the request 
of the delegation from Georgia, passed an act to authorize the President 
of the United States to lun and mark the line between Georgia and Flo- 
rida. Tlie first section of this act contains a proviso, " that the line so to 
be run and marked shall be run straight from the junction of said rivers 
Chattahoochie and Flint, to the point designated as the head of St Mary's 
river, by the coinniissioners ai>pointe<l under the third article of the 
treaty of friendship, limits, and navigation, between the United States of 
13 



98 [ Doc. No. 77. J 

America and King of Spain, made at San Lorenzo el Real, on the seven 
and twentieth day of October, one thousand seven liundicd and ninety- 
five." In pursuance of this act, Thomas M. Randolph was appointed the 
commissioner on the part of the United States, and Tiiomas Spalding, the 
commissioner on the part of Georgia. 

In Marcli, 1827, these conunissioners, together with John McBride, a 
surveyor appointed on the part of Georgia, entered upon the performance 
of their duties, and, after having nearly completed the running and mark- 
ing of the line, their opci-ations were suspended, on the 26lli Api'il, by in- 
structions from the Governor of Georgia to Mr. Spalding, directing him 
to suspend the completion of the line, until it should be ascertained 
whether the head of the St. Mary's had been correctly determined. 

After this suspension of operations, Mr. McBride received instructions 
from Governor Troup, dated on tlie 20th June, 1827, directing iiini *'ta 
ascertain tiic true head or source of the St. Mary's river," which he im- 
mediately proceeded to obey. 

There are three i)rinci])al branches of that river, the north, the west, 
and the soutli : and it is evident from Mr. McBride's report to the Go- 
vernor of Georgia, he conceived, tiial, to determine the head of the St. Ma- 
ry's, designated in the ti-eaty, he had iiothing to do but ascertain which of 
these brandies was the longest, and discliarged the most watei-. Indeed, 
he expressly declares, that, " to ascertain the source of eacli of these 
branches, their length, and relative magnitude at their ])oints of con- 
fluence with each other, was considered the object of my mission." 

Assuming this to be the tiue meaning of his instructions, he repoi'ted 
that he had found the south brancii v,as longer tlian the nortli; and that, at 
their confluence, \\liilst the soutli bi-anch discharged l,3fiD cubic feet of 
water in a niinute, the north branch dischai'ged only 993 cubic feet. From 
these premises alone, lie concludes that the head of the south branch is '♦ the 
head of the St. Mary's" referred to in t!ie treaty with Spain. 

There is a passage in the report of Mr. McBride to the Governor of 
Georgia, which the committee will transcribe into theij- report. In ac- 
counting for the mistake which he sup{)oses to have been committed by 
Messrs. Ellicott and Minor, he uses the following language : 

*' The United States and Sjiunish commissioners, who, in 1800. attempt- 
ed to ascertain tiie source of the St. Marv's, in ascending the i-iver with 
their canoes, passed thejunction of the north and south branches, consider- 
ing the formei- as the j)rincii)al. That those commissionei's should have 
made an erroneous detei-n.ination, may be attributed to the dece|)ti\c ap- 
pearance of the [\\o bi-anches at their conduence, and to the jieculiarly un- 
favorable season in which their investigations wcie made. I'he channel of 
the north bianch is wider than that of the south ; its depth is greater, and 
its water of a dai-k leddish color. At the jioint of disemboguement the south 
branch is a beautiful linijiid slieani, whose narrow channel and transjiarcnt 
Avater render it apparently one-third less than the north ; but its velocity 
is one hundred and sixteen feet jjer minute, while that of the noi-th branch 
is only thirty-eight. The disjiaiity of width in these bi-anches is accounted 
for by the diffei-ence of the counti-ies in which they have their sources : that 
in which the south bianch rises is gently undulating, and the ti'ansparenry 
and low lem|)erature ol" the watii' jirove its origin to be priucijially in 
springs. The \iciuity of the sources of tlie norlli branch is frecjuently ai» 
extended plain, with but little elevation or de])ression, which, in I'ainy sea- 



[ Doc. No. 77. ] 99 

sons, is completely immdated for many miles; and these vast sheets of 
watci' being drained into tlic north branch, increase its volume to a tor- 
rent, wliich forms a cluinncl much wider tlian the south branch. When 
the United States and Spanisii commissioners were hvve, in Febrnai'y, 
1800, Mr. Ellicott in his jonrual informs us that the swamps, at that sea- 
son of the year, were '• absuhitely impenetrable," in consequence of the 
preceding winter's rains. We catniot, therefore, be surprised at their 
failure to make a cori'ect determination." 

Should the claim of Georgia be sustained, it will take from Florida a tri- 
angular tract of land, whose base is 157 miles, its perpendicular 30 miles, 
and area 2,355 square miles, or 1,507,200 acres. 

The committee iiaving thus made a statement of the facts in the case, 
will Jiow proceed Ijrietiy to ju'csent their views upon tlie subject. Geor- 
gia, for the purpose of establishing hei' claim, ought clearly to prove, first, 
that the commissioners under the treaty of 1795 with Spain mistook " the 
head of tlie St. Mai-y's." and ought, in seeking it, to have ascended to the 
source of tlie south branch of tliat river instead of the north ; and, .second, 
supp;)sing tiie existence of such a mistake, that she has a I'ight, under the 
circumstances of this case, and after the laj)se of more than a quarter of a 
century, to assert hei* claim. 

And, first, the committee arc not satisfied that the commissioners under 
the treaty with Spain have committed any mistake. On the contrary, they 
think that Mr. McBiide proceeded upon mistaken principles. In their 
opinion, *' the heatl of the St. Mary's," designated in the treaty, was to 
be ascertained by the rcj)Utation of the country about the time of its date 
by the common understanding of those acquainted with the stream, rather 
than by a geometrical pdineasurcment of tlie length of its different branches, 
and tlie volume of water emitted by each. NVhich is the principal bi-anch 
of a river in a new country must, in the nature of things, be decided from 
its apjiearance, ami not from any actual measurement. Mr. McBride him- 
self admits that the north branch, even when he was there in the midst of 
summer, apj)eare(l to be one-third larger than the south : its channel is 
much wider, and considerably deeper. In order to niake the discovery 
which Mr. McBride did, it was necessary to ascertain the relative velo- 
city of tlie two streams by actual measurement. This expedient would 
never be resortetl to cither by the first settlers or the first visiters of a new 
counti'y for the |)ur()ose of ascertaining the principal branch of a ri\er: 
their eyes would determine that question, and tlic name would follow the 
appearance. 

But, in considering 'this subject, it ought also to be recollected that Mr. 
McBride made his admeasurement in the vcij mid'nt of summer, at the 
dryest season of the year. What would have been the result if the same 
experiment had been made at other seasons, we may conjecture from his 
report. He tells us, <'that the dispai-ity of width in these branches is ac- 
counted for by the difference of the countries in which they have their 
sources. That in which the south branch rises is gently undulating, and 
the transparency and low 1emj)erature of the water prove its oi-igin to be 
principally in springs. The vicinity of the sources of the north bi-anch is 
frequently an extended jdain, with but little elevation or depression, 
which, in rainy seasons, is comjiletely inuntlated for many miles; and 
these vast sheets of water being drained into the north branch, increase its 



100 [ Doc. No. 77. ] 



volume to a torrent, which forms a channel much wider than the south 
branch." 

There is one circumstance w'orthy of observation in tlie report of Mr. 
McBride. Although he sought information from every source within iiis 
power, yet it does not appear any person ever informed him either tliat tiie 
south branch liad at any time been known by the name of the St. Mary% 
•or that the nortii branch had not been known by that name. 

Governor Randolph, the commissioner of the United States, under the 
act of 1826, informs us that "the head of St. Mary's was kriown as soon 
as there was a settlement at its mouth j" timt the Indian ti-aders crossed 
the north branch about three miles below Ellicott's mound, at what was, 
and still is, called the Pine Log crossing place; and they were always 
said to have come by the head of St. Mai-y's. On the other hand, he de- 
clares that the south branch has always been known by the name of "the 
south prong." 

Tlie testimony before the committee presents other reasons for believing 
that the commissioners under the treaty committed no mistake ; but, for the 
sake of brevity, they will not bring them into the view of the House in this 
rej)ort. 

The committee will now proceed to consider whctiier, under the cir- 
cumstances of this case, even admiting the existence of a mistake on the 
part of tlie American and Spanish commissioners, Georgia is not bound by 
their act. 

There is nothing which ought to be held more sacred by nations than 
the boundaries of each other. An unsettled boundary always i)roduces 
jealousy and discord, and often war. Vattel, when speaking on the sub- 
ject, of usucaption and prescription among nations, declares, <'tiiat their 
<iuarrels are of much greater conseciucnce ; their disputes are usually ter- 
minated oidy by bloody wars; and, consequently, the peace and happiness 
of mankind mucli more powerfully require that possession on the ])art of 
sovereigns should not be easily disturbed ; and tiiat, if it has for a consider- 
able length of time continued uncontested, it should be deemed just and in- 
disputable. Were we allowed to recur to anti(juity on every occasion, 
there are few sovereigns who could enjoy their rights in security, and there 
■would be no peace to be hoped for on earth." 'J'hc learned author is here 
speaking of mere possession on the one side, and tacit acnuiescence on the 
other. This case is much stronger against the State of Georgia. It is the 
case of a boundary ascertained by virtue of a treaty thirty years ago, and 
not merely acrpiiesced in on the jjart Georgia, but sanctioned by the most 
solemn acts of recognition during a quarter of a century. 

Georgia, as a member of the B'ederal Union, became a party to the treaty 
concluded at San Lorenzo el Real in 1795. One of the chief objects of this 
treaty was to provide for running and marking the line of separation be- 
tween the Spanish colonies of Kast and West Florida a:'d the United 
States. It was the intention of both Governments, by this treaty, accord- 
ing to theii' own language, ''to prevent all disputes on tlie subject of the 
boundaries which separate the territories of the two high contracting par- 
ties." In order to give the proceedings of the commissioners aj)pointe(l un- 
der tliis treaty a more solemn sanction, it declared that the journals of their 
proceedings should be considered as a part of the convention itself, and 
should have the same force as if they were inserted therein. These com- 
missioners proceeded in the must public manner to perform their duties. 



[ Doc. No. 77. ] 101 



They determined the ])oint which shouhl be considered the liead of the St. 
Mary's, and erected a jjernianeMt memorial, by means of wliich it could 
easily be ascertained in time to come. 

The comnuttee do not assert that, it a clear mistake had been committed 
by tliesc commissioners, the United States and Spain would liave been ab- 
solutely concluded : but they consider it very clear that in such a case the 
])arty injured ought to complain within a reasonable time. In this case, 
Georgia, by hei* silence, acquiesced in the decision of the commissioners, 
until the year 1818, when she instituted an inquiry on the subject, which 
resulted in a solemn i-ecognition of the accuracy of the commissioners in 
ascertaining the true head of the St. Mary's. After the United States ac- 
quired East and West Florida, in 1821, they sold and patented to individual 
purchasers a large proj)ortion of the territory which Georgia now claims 
as hei" own, without a whisper of disapprobation on the part of that State. 
Nay, more : in 1826, on the recpiest of her delegation. Congress passed a 
law, which recognised the i)oint established by the commissioners as the 
true head of tiie St. Mary's ; and it was not until after the line had been 
nearly run and maiked, in pui'suance of this act, that she protested against 
its completion, upon the ground that the commissioners had mistaken the 
head of the St. Mary's. In the opinion of the committee this protest came 
too late; Georgia had no right at that late day to enforce a claim, which, if 
successful, would deprive Florida of a most valuable portion of her terri- 
tory, postpone her hopes of being admitted into the Union for many years, 
and forever destroy her pi-ospect of becoming a powerful State. Had Florida 
continued to be a Spanish jjrovince, we could not, in 1827, after the death 
of Mr. Ellicott, and after the head of the St. Mary's had been fixed for 
seven and twenty yeai's, have asked Spain, with the least hoj>e of success, 
to agree that the head of another stream should be substituted for that 
which had been established, and thus take from her a tract of land contain- 
ing 1,500,000 acres. What we could not have demanded fi-om Spain, wo 
ought not to require from Florida. 

Upon the whole, the committee recommend the adoption of the following 
resolutions: 

Resolved, That the line between Georgia and Florida ought to run from 
the junction of the rivers Chattahoochie and Flint to the \nnut designated 
as the head of the St. Mary's river by the commissioners appointed under the 
treaty between the United States and Spain, concluded at San Lorenzo el 
Real on the 20th day of October, 1795. 

Resolved, That an ap|)ro|H*iation ought to be made, for the purpose of 
enabling the Pi'esident ot the United States to complete the running and 
maiking of the said line between Georgia and Florida, under the provisions 
of the act of the 4th May, 1826. 



Department of State, 

Washington, Uh February, 1830. 

Sir : I was mistaken in the information which I gave you, verbally, a 
few days ago, that the Spanish Government had promised Mr. Everett to 
furnish him with a copy of the journal of the commissioners, Ellicott and 
Minor, for running the southern and southwestern boundary lines between 



102 [ Doc. No. 77. ] 

the United States and the Spanish dominions, npon the application which 
he liad addressed to that Government, hy the oiders of this department. 
I find now that Mr. Everett, hy a despatch, dated 1st May, 1828, ac- 
knowledged tiie receiptor his instructions upon this subject, and states that 
he lost no time in addressing an official note to the Secretary of State for 
Foreign AflTiiirs, at Madrid, requesting a copy of the journal referred to; 
but that up to the period of his departure from that capital, no answer was 
received hy him to that note. 

I am, with great respect, 

Sir, your obedient servant, 

DANIEL BRENT. 
James Buchanan, Esq. 

House of Uepresenlatives. 



FLORIDA BOUNDARY. 

Message from the President of the United States^ transmitting the in- 
formation required by a resolution of the House of Representatives of 
the 21th ultimo^ respecting the report of the commissioners for run- 
ning the line between the United States and Florida^ under the treaty 
of 1795. 

To the House of Representatives of the United States : 

In pursuance of a resolution of tlje House of Representatives of the 
27th ultimo, calling for information respecting the report of the commis- 
sioners for running and marking the line between the United States and 
Florida, under the treaty of 1795, I herewith communicate a report from 
the Secretary of State, containing the desired information. 

ANDREW JACKSON. 

Washington, March 15, 1830. 



Department of State, 

ffashington, March 15, 1830. 
To the President : 

The Secretary of State, to whom has been referred a resolution of the 
House of Representatives of the 27th February last, requesting the Presi- 
dent to inform that House *' whether any answer has been received from 
our minister in Spain on the subject of the application made to that Go- 
vernment to obtain a copy of the report of the commissioners for running 
and maiking the line between Florida ami tlie United States, under the 
provisions of the treaty of 1795; and to communicate any information 
recently received at the Department of State on that subject ;" has the 
honor to state that it does not aj)|)ear, from the files of this office, that 
the application made in May, 1828, by the minister of the United States 
at Madrid, in i)ui*suance of instructions from this department, for the docu- 
ment referred to, has been aiiswered by the Spanish Government. 

The only information i-ecently received at this office on the subject em- 
braced by the above resolution, is contained in a letter from Albert Galla- 



[ Doc. No. 77. ] 103 

tin, dated the 1 8th Fcbniary, 1830, and in a document accompanying the 
same, purporting to be a series of '< observations to accompany the maj) 
of part of the Mississippi river, the soutiicrn boundary of the United 
States, and the coast of F'lorida," copies of wliich are, herewith, respect- 
fully submitted. 

M. VAN BUllEN. 



New York, February 18, 1830. 

Sir : Mr. SVhite, Delegate from Floi-ida, informed me, whilst at Wash- 
ington, that it appeared, from a correspondence of Mr. Madison with the 
late Andrew Ellicott, commissioner of the United States for ascertaining 
the boundary between the said States and the then Spanish provinces of 
East and West Florida, that tiie official map and report of the proceed- 
ings of the commissioners had been lent by the State to the Treasury De- 
partment. 

This must have taken place whilst I was Secretary of the Treasury ; 
and, as tlie map could have been wanted there for no other purpose than 
as affording the proper basis of the surveys of tlie public lands in that 
quarter, an inquiry was instituted at the Genej'al Land Office ; the result 
of which, as I am informed, was, that Mr. King, the old and principal 
draughtsman of the office, had a perfect recollection of the map being de- 
posited there ; that Mr. Freeman, principal surveyor of the lands south 
of Tennessee, had taken a copy of the whole or part of it ; that it was 
not returned to the Department of State ; and that, whilst Mr. Tiffin was 
Commissioner of the Land Office, it was, by his direction, lent to a com- 
mittee of Congress, which had applied for it, and had not been returned. 
But there was no recollection of the " report of the proceedings of the 
commissioners," if distinct from the map : and, when I left Washington, 
no such document had been found in the Land Office. 

Mr. Ellicott had given me, at the time when published, a printed copy 
of his " astronomical and thermometrical observations on the boundary 
line," with some corrections in his handwriting. They were published 
at Philadelphia, for T. Dobson, 1801, are also inserted in the 5th volume 
of the Transactions of the American Philosophical Society, and are, I pre- 
sume, well known to you and to Mr. White. But I had some recollec- 
tion of another manuscript by Mr. Ellicott, on the same subject, being in 
my possession, and made lately a search, hoping it might prove the 
lost repoi-t. I have found, and have the honor to enclose, the said manu- 
script, which proves to be, as stated by himself, '« Mr. Ellicott's observa- 
tions to accompany the map," &c. I had (from the endorsement *< for 
Mr. Gallatin," and having forgotten how it came into my possession) be- 
lieved that it was my private property, and had been given to me, with 
his printed work, by Mr. Ellicott; which will account for its having re- 
mained so long in my library. But the designation <' to accompany the 
map," leaves no doubt on my mind that it was originally transmitted with 
the map to the Department of State, by Mr. Ellicott, and sent, also, af- 
terwards, with the map, when this was lent to the Treasury. The words 
** for Mr. Gallatin" were probably written, on sending it back to me, by 
some person (perhaps Mr. Randolph) to whom I had lent it. 

If I understand the question, on which a doubt has lately arisen, be- 



i04 [ Doc. No. 77. ] 

tween tlie State of Georgia and the United States, this manuscript con- 
tains but little that can elucidate it. Yet what is stated (i)age 20) con- 
cerning the true St. Marv's, *' which is formed by the water draining out 
of the Okefenokee swamp," corroborates Mr. Ellicott's statenientsi n his 
printed "astronomical and tliermometrical observations," above alluded 
to. 

It appears from these, that the commissioners surveyed the boundary 
line along the 31st parallel of latitude, from the Mississippi to the Chat- 
tahochie river, and down this liver to the mouth of Flint river, which 
last point they ascertained to be in 30° 42' 42" north latitude, and 5 hours 
39' 33" in time west longitude from Greenwich ; that they did not survey 
the line from the moutij of Flint river to the source of the St. Mary's ; 
that they proceeded to the mouth of the last mentioned river, ascended 
it as high as it was navigable for canoes, where they established an ob- 
servatory, (A,) the latitude of wljich they ascertained to he in 30° 21' 39", 
and set there a hewn post surrounded by a large mound of earth ; that 
they ran thence a traverse to a point (4,403.2 perches north, and 886.4 
perches west from the point A) where another post was set up, surrounded 
by another mound of earth, (B,) tlirown up on the margin of the Okefe- 
nokee swamp, and as neartoit as any permanent mark could be placed, on 
account of the water; that the river St. Mary's is formed by the water 
draining out of the said swamp ; and tliat, as no specific point could be 
fixed in the swamp as the source of the river, ^Htwas therefore agreed 
that the termination of tlie line, supposed to be drawn north 45° east 640 
perches from the mound B, should be taken as a point to or near which a 
line should be drawn from the mouth of Flint river ; whicii line, when 
drawn, should be final, and considered as the])ermancnt boundary between 
the United States and his Catholic Majesty, &c." 

I have inserted the preceding paragraph, to save you the trouble of refer- 
ring to the several parts there (pioted of the printed observations. There 
can thence be no doubt as to the fact tliat a certain spot was agreed to, in 
pursuanceof the treaty, by the joint commissioners, as the source of the St. 
Mary's. But it is probable that the autiientic evidence of that fact is lost ; 
that the maj) was burnt in tlie Capitol in September, [August,] 1814 ; and 
that tills map, certified by tlie commissioners, was in lact the only ollicial 
re])ort of their joint proceedings made to tlie Department of State. Under 
those circumstances, the manuscript observations of Mr. Ellicott may be 
of some use not only as corroborating the fact that the liver which issues 
from the Okefenokee swamp was agi-ced on by the commissioners as being 
the true St. Mary, but also as a docmnent transmitted by Mr. Ellicott to 
the Department of State, with the maj), and referring to it. It also men- 
tions a branch coming from the west, between the encampment A and the 
point B, which branch, therefore, is not the true St. Mary's of the com- 
missionei's ; and it designates the situation of the Okefenokee swamp, by 
stating that the river St. Juan's, which falls into the Gulf of Mexico, has 
also its source in that swamp. 

On i'cflection, I also enclose my copy of the printed observations, which 
is of no use to me, and which is not, perhaps, in the collection of books of 
the department. But it must be ()bserv^^d that the plates rofei-red to in 
the text arc, all hut one, wanting in that cojiy. It is jirobable that they 
were inserted in the Sth volume of the Transactions of the American Phi- 
losophical Society; and one of them, (plate 8,) mentioned page 139, and 



[ Doc. No. 77. ] 105 

purporting to show the traverse from the point A to point B, would greatly 
assist in finding, on the ground, the true position of those points, and tlicre- 
fore of the source of the St. Mary's, as agreed on hy the commissioners, 

I write to Mr. Wliite, letting him iinow that 1 have transmitted Mr. 
Ellicott's manuscript observations to you, and referring him to this letter 
for further information. 

I have the honor to be, 

Vei'y respectCully, sir, 

Your most oI)edient servant, 

ALBERT GALLATIN. 
The Hon. M. Van Buren, Secretary of State. 



The following observations, to accompany the map of part of the Missis- 
sijjpi river, the southern boundary of the IJnited States, and the coast of 
West Florida, being hastily thrown together from my notes, are only in- 
tended to convey a general idea of the country to which thev refer. 

ANDREW eLlICOTT. 

OF THE MISSISSIPPI. 

To say any thing new respecting this river, whose magnitude and im- 
portance have, many years ago, employed tlie pens of some of the histo- 
rians, philosophers, and geograpliers of most nations in Eur()j)e, as w^ell as 
in our own country, is not to be expected from me. In following such 
characters, I shall proceed witli diffidence, and confine myself to that part 
of this celebrated river which I had an opportunity of examining myself, 
and w hich lies between the mouth of the Ohio, and the southern boundary 
of the United States. 

The confluence of the Ohio and Mississippi rivers is in 57° 0' 23" north 
latitude, and about 5h. 56' 23" west from the royal ohservatory at Green- 
wich. I am well aware that this longitude is considerably less tlian has 
generally been assigned to tliis important geographical point, and have 
not adopted the alteration without some hesitation, and sliould still have 
been more cautious if I could have found any other authority in favor of 
the former position, tlian charts unaccompanied by any observations. The 
observations from which I have deduced both the latitude and longitude, 
were made under unfavorable circumstances ; tlie weather was intensely 
cold, and we had not sufficient covering for ourselves and instruments; 
but, upon repeatedly examining them, I am not sensible of their being 
liable to any material objection. 

Those who are descending the Ohio and Mississippi, and have been 
pleased with the prospect of large rivers rusiiing together among hills and 
mountains, will anticipate the pleasure of viewing the conflux of those gi- 
gantic waters. But their expectations will not be realized ; the jjrospect 
is neither-grand nor romantic : heic are no hills to variegate tlie scene ; 
nor mountains from whose summits the mcandei'ing of the rivei-s may be 
traced ; nor chasms through which they have forced their way. The pros- 
pect is no more tlian tlie meeting of waters of the same width, along the 
sounils on our low southein coast. These great rivers, after draining a 
vast extent of mountainous and hilly counti-y, join their waters in the 
swamp, through which the Mississippi passes into the Gulf of Mexico. 
14 



106 



[ Doc. No. 77. ] 



This swamp extends from the high lands in the United States to tlie high 
lands in Louisiana, and, through various parts of it, the river has, at dif- 
ferent periods, had its course. From the best information I could obtain, 
the swamp is from S6 to 45 miles wide from the boundary many miles up, 
and much the greater part of it lies on the west side of the present bed of 
the river. From the mouth of the Ohio to the soutliern boundary of the 
United States, the Mississippi touches but two or three places on the west 
side that are not annually inundated, and even those are for a time insu- 
lated, but, on the east side, it waslies the high land in eleven places. 

The swamp appears to be composed of the mud and sand carried by Mad 
river into the Missouri, and by the Missouri into the Mississippi, to which 
may be added the washing of the country drained by the Mississii)pi and 
Ohio rivers, with their numerous branches, which furnish a fresh stratum 
every inundation. This stratum is deposited upon a stratum of leaves and 
other dead vegetables, which had fallen the preceding autumn. These 
strata may be readily examined in many parts of the swamp, and the banks 
of the river. The depths of the deposited strata differ considerably, and 
principally depend upon the duration of the different inundations. In 1797, 
the inundation was complete by the last of February, and the river was 
not entirely within its banks till about the beginning of September ; but, in 
1798, the inundation was not complete till after tiie middle of May, and 
the river was generally within its banks by the first of August. The mean 
perpendicular height to which the river rises above the low water mark at 
the town of Natchez, is 55 feet. 

In descending the river, you meet with but little variety : a few of the 
bends and islands will give you a sample of the whole. If the water is 
low, you have high muddy banks, quicksands, and sand bars, and, if full, 
you might almost as well be at sea : for, days together, you will float with- 
out meeting with any land to set your feet on, and, at the same time, en- 
vironed by an uninhabitable wilderness. 

This river, like all others passing througii flat countries, and not check- 
ed or confined by hills or mountains, is very crooked, as may be seen by 
the chart. This arises from a very natural cause, and may be explained 
in the following manner: suppose, in the figure, lines a.b and c rf to be the 
banks or margins of a portion of a river, and the water moving in the di- 
rection ef, but meeting with an 



a ec 




b d. 



[ Doc. No. 77. ] 107 

obstruction at /. it will be reflected in the direction f g^ and at^, as well 
as at/, tlie bank will be worn away ; about h an eddy will be formed, 
■where sand, eartli, and rubbish will be deposited, and continually increase 
the convex part, while the concave parts will be worn away, and in time 
a loop will be formed something like the dotted curve line in the figure, 
which will increase in magnitude till the river, aided by an inundation, 
breaks through a shorter way, and the convex part will become an island. 
If the loop has been very large, and the water ceases to have much current 
along it, the two ends in a short time will be filled up by the great quan- 
tity of mud and sand which are constantly mixed with the water of the 
Mississippi, and a lake will be formed. These lakes are to be met with in 
various parts of the swamp, and bear evident marks of having been, at 
some former period, j)ortions of the main bed of the river. 

In consequence of the great body of water in the Mississippi, and the 
light and loose nature of the soil, the concave banks of the river are falling 
in, more or less, during every genera! fall oi- rise of the water ; and I believe 
but few people have ever descended it in either of those states, who have 
not heard or seen large portions of the banks give way, which are instant- 
ly carried off by the current, and the earth, sand, and some of the rubbish, 
again deposited at the convex points below. 

From what has been said, one general caution must necessarily present 
itself to those concerned in navigating the Mississippi, which is, to avoid 
the CONCAVE BANKS. Many fatal accidents have happened on this river, 
either through ignorance of the danger, or inattention in coming to at im- 
proper places on the shore to cook, procure fuel, or for other purposes. We 
have a late instance of a Mr. McFarling, and part of his crew, being lost by 
the falling of a bank. When the banks are inundated they are less dan- 
gerous, being in some measure supported by the water, and not so liable to 
give way ; but the concave shores are still to be avoided, because the water 
near the bank, and elevated above it, not being confined to the course of 
the river by the lower current, rushes straight forward among the cane 
and timber, and if Kentucky boats (as they are called) fall within the 
draught of this upper current, it will be extremely difficult to relieve them, 
or prevent their being lost in the woods. Many losses have been sustained 
from this cause. 

A boat njay at all times come to with safety at a sand bar, the upper or 
lower end of an island where young bushes are growing, or just at the be- 
ginning of an eddy, below any of the points that are covered with young 
cotton wood (a species of poplar) or willows (salix nigra.) From the 
mouthof the Ohio down to the Walnut hills, it is not safe to descend the 
river in the night, unless the boat be uncommonly strong, on account of 
the sawyers and planters. The former are trees slightly confined to the 
bottom by some of their roots or limbs, and the loose or floating ends 
continue a vibratory motion, generally up and down. Some of them rise 
five or six feet above the water every vibration. The latter are more dan- 
gerous, being firmly fixed or planted in the bottom ; they are all easily 
avoided in daylight. With these precautions, the Mississippi maybe navi- 
gated with as much, if not more safety, than any other river upon this 
continent. 

I shall now proceed to give some account of the construction of the map 
of the river. A continued and correct survey of the Mississippi will 
scarcely ever be obtained, on account of the swamps, lagoons, thickets, 



108 [ Doc. No. 77. ] 

and cane brakes on its banks, and below the banks theimpndiments will be 
equally great. In some jdaces impassable quicksands will be met with, in 
otbcrs the water will be found washing the high and almost perpendicular 
banks, and noplace left for a foothold. Some other mode different from 
the common method of surveying must therefore be resoi-ted to. The fol- 
lowing was used in constructing the map to which this refers: The mouth 
of the Ohio was taken as a given point, both as to latitude and longitude. 
An excellent surveying compass, corrected for the variation of the needle, 
was used in taking the courses, which were entered in time, instead of 
space. Every day when the sun shone, at noon, his meridional altitude 
was taken from the artificial or reflected horizon, with an excellent sex- 
tant, made by Ramsden, and graduated by the vernier to twenty seconds ; 
and was generally found, by a great number of observations, to determine 
the latitude true within less than a minute. The latitudes determined by 
those observations are entered on the river at the places where the obser- 
Yations were made. All the courses between each two of those points 
were protracted in time, instead of space, that is, by calling the time 
space. Each set of courses were then expanded, or contractetl, so as to 
agree with the points of latitude to which they belonged : and from the 
number of latitudes taken, 1 expect that no part of the river will be found 
very erroneous in that respect : so much cannot be said in favor of the 
longitude, except at the mouth of the Ohio, and the town of Natchez, 
which are considered as given points : the latitude and longitude of the 
latter being determined with as much precision as that of any other point 
within the United States, 

From the banks of the river constantly giving way, no map, or chart of 
it, can be expected to be tolerably correct for more than a century, if so 
much. 

OF THE PEARI, OR HALF WAT RIVER. 

The Pearl or Half Way river is navigable for small craft many miles 
north of the boundary. It is remarkably crooked, and full of logs and 
lodged trees, which are at present very injurious to its navigation. Its 
banks, for some distance above the boundary, and almost the whole of 
them below, are annually inundated. The banks, with a considerable 
extent of coujiti-y, become very low, below the Indian house, (marked on 
the map,) over the wiioleof which the water passes when the river is high, 
and here it begins to divide into a number of branches: some of them 
maintain an open channel till they unite again with the main branch, and 
others are lost in the swamp. Those branches appear so nearly of the same 
size, thata ])erson not acquainted with the river nill be as likely to take a 
wrong as a right one. This hajjpencd to several of our parties, and to my- 
self, although 1 had two ])ersons with me, who had been u\) and down twice 
before : we were a j)art of two days and one night before we got back to 
the place where we made the mistake. The ollicer of my escort, with 
several of his men, weie still more unfortunate ; they took another branch, 
and were a greater length of time before they discovei'cd their error, and 
on hall allowance of provision. 

In consecpience of tlie water extending over such a considerable space, 
it never ac(|uires a sullicicnt head to force away tiie lodged timber which 
ill two places extends across the river. The u|)per raft is of considerable 
magnitude, covered with grass and other herbage, with some bushes. 



[ Doc. No. 77. ] 109 

Through those rafts we luid to make channels, by removing and cutting 
away the logs, till we hail a suflicient depth of water to float our loaded 
canoes and peiogues. It was an arduous undertaking, and executed at 
the most unfavorable season in tlieyear. 

Nearly the whole of the provision made use of at our station up the river 
by both parties, including the military escorts, and for extending the line 
east to the Mobile, was taken from New Orleans through the west end of 
Lake Pontchartrain, thence up the river to the boundary. 

The tide ebbs and flows a few miles above latitude 30° 21' 30", where 
there was formerly a trading house, and to where any vessel that can 
cross the bar into tlie lake may ascend with ease. The baidvs of the river 
above the old trading-house, as far as the tide is perceptible, are too 
low and marshy foi* a settlement. The river has several communications 
with the Gulf of Mexico and Lake Pontchartrain, but they are all too 
shoal for vessels drawing moi-c than seven or eight feet water, and there- 
fore only fit for the coasting trade. 

The coasting vessels wliich visit New Orleans pass by the mouth of the 
river into Lake Pontchartrain, thence up the bayou St. John's to tiie canal 
executed by the Baron de Carondelct, which terminates at the walls of 
the city, immediately behind the hospital. This canal requires cleaning 
every year, and is done by slaves, and criminals condemned to hard labor, 
but miglit be done more effectually by conveying a sti-eam of water into it 
from the Mississi[)pi at the time of the annual inundation, which might be 
effected with but little ti'ouble and expense. 

Lake Pontchartrain is a beautiful sheet of water, but unfortunately sur- 
rounded by marshes, and tiie landing in many places is attended with diffi- 
culty on account of the mud. There arc some places towards the east 
end where the beach is beautiful, being formed by large bodies of cockle 
shells, from which all the lime used at New Orleans and about the lake is 
made. 

OF THE PASCAGOULA. 

The Pascagoula is a large river, and navigable for small craft a con- 
siderable distance above the boundary, and, from the report of some of my 
people who descended it, it is very deep, and falls with some other small- 
ler waters into a bay opposite the Horn island. The bay and mouth of 
the river, on account of shoals and oyster banks, appear only adapted to 
the coasting trade. 

OF THE MOBILE. 

The Mobile is a fine large river, and navigable some distance above the 
boundary for any vessel that can cross the bar into the bay. One square 
rigged vessel has been as high as Fort St. Stephen's, in latitude 31° 33' 34". 

When the river is low, the tide ebbs and flows several miles above the 
line, ami is sometimes observed as high as Fort St. Stephen's; but when 
the river is full, there is but little, if any, tide above the town of Mobile. 
It was in the latter state when I asc 'iidcd it, and notwithstanding the cur- 
rent being constantly against us, and but little fair wind, we reached the 
place of our encampment north of the boundary in four days ; my vessel 
was about 40 tons burden. 

About six miles north of the boundary the Tombeckbec and Alabama 



110 [ Doc. No. 77. ] 

rivers mil to, and, after accompanying each otiier more than three miles, se- 
]»arate ; the western hranch from thence down to the bay is called Mobile. 
The Alabama retains its name till it joins some of its own waters, which 
had been separated from it for several miles, and then takes the name of 
Tensaw, which it retains till it falls int() the head of the bay. 

The easiest way from the Gulf of Mexico by water into the United 
States, is up those rivers, tiie navigation of each being equally good. 

The upland on those rivers is of an inferior quality, from their mouths 
np to the latitude of Fort St. Stephen's, and produces little besides pitch 
pine, and wire grass, but is said to become better as you ascend the ri\ers. 

The lands on those rivers have, notwitiistanding, had a good character 
for fertility; but this has arisen from not discriminating between tlie up- 
land, which is unfit for cultivation, and tlie banks of the rivers, which are 
fertile in the extreme, and to which agriculture is almost wholly confined 
for a number of miles above the boundary. But those lands are subject 
to a great inconvenience from tiic inundations of the rivers. 

IMantingisnot attempted in tlie spring till the waters have subsided, 
and it sometimes happens that inundations follow the first fall of the waters 
in the spring, and wholly destroy the previous labors of the planters. 
Tiiis was the case in May, 1799, after the corn was two feet high ; but 
this inconvenience is by no means so great as it would be in a more north- 
erly latitude : there still remains summer sufficient to bring a crop of corn 
to full maturity. 

The large swamp through which the rivers meander, is intersected in 
almost all directions by smaller watercourses, wliich keep up a constant 
connexion between the main branches ; such of them as were used by our 
people in passing and rp})assing from one sisle to the other. 

At the mouth of the Mobile river stands the town of that name. The 
situation is handsome, and some of the houses tolerably good, and, for a 
])lacc of its size, the trade is considerable. The jilace is said to be un- 
iiealthy during the months of July, August, Sejitember, and October. 

The fort stands a short distance below the town ; it is a well built, regu- 
lar work, and was taken from tlie British by Don Galvez, during our 
revolutionary war. Since that time it has been rejiairedand put in a good 
state of defence by theoflicers of his Catholic Majesty. 

From the traverse of the river, the latitude of the town a|)pears to be 
about 50° 55' 50" N. and tiie longitude 5h. 52' 17" west from the royal ob- 
servatoiy at Greenwich. 

The bay is extensive, atid supposed to be about 9 leagues in length ; but 
too shoal for lai-ge ship])ing. 'JMie latitude of the bar at the entiancc intoT 
the bay Irom the Gulf of Mexico, I found, by a mean of two gooil observa- 
tions, to be about 50° 12' SO ' N. and as the course of the bay is nearly 
north and south, the longitude must be nearly the same as that of the town. 

01' THK CONECUH. 

The Conecuh has generally, though erroneously, been called the Scam- 
l)ia and Escambia, which is a name of a much smaller stream that falls 
into it fi'oni the uest, and unites a short <lis(ance above where the transit, 
of Mercury was observed in the year 1799. 

The banks of the Conecuh, during a large jiortion of the spring, ai-e in- 
undated for many miles above the line down to Pensacola bay, with very 



[ Doc. No. 77. J 111 

few exceptions. Tlie upland is poor as far up the river as we saw it, but 
it was said to be tolerably good about the liead branches. 

The river is navigable for small craft a considerable distance above the 
boundary. All our tents, stores, instiuments, &c. were taken up to our 
camp by water. 'I'he tide ebbs and flows but a few miles u[) the river. 

Tiie Conecuh falls into t!ic head of Pensacola bay, which is a beautiful 
body of watci-, well stored with a variety of fine fish, crabs, and oysters, 
and is justly considered one cf the best harbors on t'.ie whole coast : ves- 
sels drawing not more than tv.eiity-one feet water may cross the bar at all 
times with safety. 

The town of Pensacola stands on the west side of the bay ; the situation 
is delightful, and the place remarkably healthy ; but the water is shoal in 
front of the town. 

Pensacola was the capital of West Floiida while that province was in 
the possession of his Biitannic Majesty ; at that time it made a very re- 
spectable ajjpearance ; but, since the conquest of that colony by the Span- 
iards under Don Galvez, it has been on the decline. 

The old fortifications stood on some sand hills back of the town, and too 
distant to yield it any substantial protection ; notwithstanding this cir- 
cumstance, the Si)aniards ne^er once attempted to molest the inhabitants, 
or to iiijuietlie town during tlie siege of the forts, whicii lasted two months. 
The garrison made a gallant defence, and tl:e sui-render was hastened by 
one of tlie magazines accidentally blowing up. During the whole siege, 
as well as after the surreiidei*, Don Galvez conducted himself both as a man 
of courage and humanity. Mr. IJowIes, (commonly called General Bowles,) 
Mr. Philip Key, of the State of Maiyland, and several other Aineiicans of 
distinction, were at that time officers under General Campbell, who com- 
manded tlie troops of his Britannic Majesty. 

The trade of Pensacola is at this time principally carried on by the 
House of Panton, Leslie, Forbes, and Company. The latitude of the town 
is 30° 23' 43" N. and the longitude, by our measurement from the Missis- 
sippi, and traverse of the Conccuii river, is about 87" 14' 15 ' west from 
Greenwich. But, from the observations of Sir John Lindsay and Doctor 
Lorimer, 87° 40', it may lie between the two, but I suspect much nearer 
the former. The latitude of the bai', at the entrance into the bay, is about 
30° 18' N. and the longitude, from our measui-ement and traverse, 87° 17' 
west from Greenwich. The harbor, as well as all the others cast of the 
Mississii)pi, is rendeied much less valuable on account of the woi'ms. 
'I'hey are so lunnerous in this bay, that a vessel's bottom has been known 
to be ruined in two months ; and it is absolutely necessary for all vessels 
not cop[ier-bottomed, lying in the haibor, to be hove down, cleaned, and 
payed, every live or six weeks. 

The entrance into the hiiy is defended by a small fort on the west end of 
St. Rose's island, and a battery on the main land nearly opposite to it. 

OF THE CHATTAHOOCHIE, OR APPALACHICOLA. 

This is a fine large river, and navigable for boats and galleys that use 
oars a considerable distance north of the boundai-y. A sloop in the ser- 
vice of his Catholic Majesty's commissioner, and a small schooner in our 
employ, ascended up to the mouih of Flint river, which falls into the Chat- 
tahoocliie about twenty -one miles below the parallel of 31° ; but this was 



112 [ Doc. No. 77. ] 

attended with some difficulty. The United States schooner Sally ascend- 
ed about thirty miles, but for want of oars proceeded no higlier. From 
the mouth of the river up, for the distance of at least foity miles, the banks 
are very low, and, with the exception of a few places, inundated whenever 
the water is moderately high. But, as you ascend, the banks become 
more elevated, and some of tiiem, wliicii may be called bottom land, are 
seldom overflown. These are remarkably rich, and extremely fei-tile ; 
and are almost the only lands under cultivation by the Indians who reside 
on the rivei". 

A few miles below the moutii of Flint river, lime stone begins to make 
its appearance, and extends far up into the country ; it is open and porous, 
and of a dirty blueish color. On t!ie east side of the mouth of Flint river, 
and for a considei'abic distance up it, large quantities of iron ore may be 
seen. 

The upland on the Chattaiioochie and Flint livers, from the boundary 
southward, is of an inferior quality, though much better than on some of 
the waters already mentioned. 

The Chattalioocliic empties itself into St. George's sound by three 
mouths. The most eastern one is at present only navigable for canoes and 
small boats, on account of the lodged timber and lal'ts. Oui- vessels as- 
cended the most westei'ly one, which is at this time the main channel : but 
the navigation of this is troublesome for those not acquainted with it ; not 
on account of logs and such imi)ediments, but from its connexion with lakes 
and swamps by branches ajjparently larger than itself. We took two of 
them coming in from the westward : the first led us into a lake about three 
leagues in length, and a half in width ; the other, a few miles from the main 
branch, was divirled in such a manner into smaller ones that we soon dis- 
covered our mistake. The latitude of the mouth of the western branch is 
about 29° 42' N. and the longitude, by a lunar observation, 5h. 39' 23" 
west from the royal observatory at Greenwich. 

St. George's sound is principally foi-med by thi'ce islands ; between the 
most westerly one and the main land the channel is narrow aiid shoal, and 
only fit for canoes ; between this island and St. George's, which gives the 
name to the sound, is a bar on which some bushes are growing. The 
coasting vessels ])ass between those islands. St. George's island is sup- 
posed to be about six leagues in length, but in no place more than one wide. 
The distance from St. Geoige's island aci-oss the sound is Irom one to two 
and a half leagues. The next island is not laid down in any of our charts ; 
it is about two leagues in length, and two miles east of St. George's island. 
The main chaimel into the sound is near the west end of this island. From 
this island to the next (which at low water sometimes joins the main land) 
it is too shoal for any other than coasting vessels. 

The latitude of the east end of St. George's island is 29° 44' 38" N. and 
the longitude (by taking the result of the lunar observation befoi-e men- 
tioned, as a correct [joint) 5h. 38' 35" west from Greenwich. 'I'he sound 
is so full of oyster baidvs and shoals, that it is dillicult to navigate it without 
a pilot. 

The coast oii the north side of the sound is intersected and cut to pieces 
by such a variety of watercourses, several of which have evidently, at 
some former period, been mouths of the river, that it is extremely dillicult 
to find the true branches; wc were constantly employed five or six days 
in discovei'ini'" them. 



[ Doc. No. 77. J 113 

OF THE ST. Mary's KiyER, 

The river St. Mary's is a part of the southern boundary of the United 
States. It is navigable for topsail vessels at all times, up to Trader's 
hill, and from thence up, for small boats and canoes, almost to tiie Oke- 
fenokee swamp when the water is moderately high, were it not for logs, 
driftwood, and rafts, which in many places extend across the stream. A 
large branch comes in from the west above our encampment, which is 
noted on the map : it is but little inferior to the one considered as the true 
St. Mary's, whicii is formed by the water draining out of the Okefenokee 
swamp. The swamp is very large, though much less than has been gene- 
rally supposed, and furnished subjects for a number of fabulous stories. 
The swamp is watered by a vast mimber of small streams and drains, 
which generally rise within its vicinity. The river St. Juan's,* which 
falls into tlie Gulf of Mexico, as well as the St. Mary's, has its source in 
this swamp. 

A large portion of tbe banks on both sides of the St. Mary's is annu- 
ally inundated. The upland is generally of an inferior quality, producing 
little besides wire grass and pitch pine. 

A NOTE RESPECTING WEST FLORIDA. 

The upland in West Florida, as it is now bounded, is generally of a 
very inferior quality, except on the Mississippi, and is of but little value 
for either planting or farming. The river bottoms are all fe<;tile, but too 
inconsiderable as to quantity, or too low and marsby, to give much value 
to the province. 

It may be observed that no i-estrictious in tliis country have been found 
so effective as to prevent settlements being made wlierctlie l^ul has been 
good ; a conclusion may therefore be fairly (hawn, that this province, 
which has been aided by Prance, Groat Britain, and S[);\in, each in her 
turn, and yet remains unsettled, must be materially defective in point of soil. 

It is true that the towns of Mobile and Pensacolahave been flourishing 
places ; but this was owing to causes not immediately dependent upon the 
soil. The latter was the scat of Government while the province was held 
by Great Britain, and from the excellence of tlie harbor, it was much fre- 
quented by the shipjjing of that nation, and both places well situated for 
carrying on the Indian trade, whicii was at that time very great; buttliat 
trade having greatly declined, and but little other for want of inhabitants, 
and the necessary articles for exportation, those towns have declined also. 
Mobile is beginning to recover, but this is owing to the settlements form- 
ing north of the boundary, on the Tombeckbce and Alabama rivers. Not- 
withstanding the favorable situation of those towns, they can never be of 
much consequence, but from the settlement of the country north of the 
boundary, which has greatly the advantage in point of soil and climate. 

Although West Florida is of but little importance when considered 
alone, and unconnected witli the country north of it, it is of immense con- 
sequence when viewed as possessing all the avenues of commerce to, and 
from, a large pioductive country — ;i cmmtry extending north from the 31st 
degree of north latitude, to the sources of the Pearl, Tasca-^oula, Mobile, 
Alabama, Conecuii, Chattahoochie, and Flint rivers, and at least 300 

• Another of the same name falls into the Atlantic between the St. Mary's and Augustine. 
15 



114 [ Doc. No. 77. J 

miles from east to west The coast of this province furnishes live oak 
and cedar, in considerable abundance, fit for shipbuilding, which is not 
to be met with in any quantity north of the boundary. 

From the safety of the coast of this province, added to the great num- 
ber of harboi'S proper for coasting vessels, (that of Pensacola, into wliich a 
fleet may sail and ride with safety, and that of St. Joseph's, into which 
vessels, not drawing more than 17 feet water, may sail at all times,) it 
must be considered important in a commercial point of view ; and if con- 
nected with the country north of it, be capable of describing maritime re- 
gulations to the Gulf of Mexico. 

In a political point of view. West Florida may be viewed as an object of 
the greatest importance to the United States ; because that nation which 
holds the avenues to commerce, may give a tone to the political measures 
of another, unfriendly both to liberty and happiness. 

OF EAST FLORIDA. 

East Florida is but little better than a wilderness ; the soil is not supe- 
rior to that of West Florida ; and none of its navigable waters rising in 
the United States, it does not appear equally interesting ; it is, neverthe- 
less, of considerable imjwrtance, having two remarkably fine harbors on 
the west side, opening to the Gulf of Mexico, viz. Hillsborough bay and 
Charlotte harbor. The first is very capacious, and will admit with safety 
any vessel drawing not more than 23 or 24 feet water : the latter is a good 
harbor, butVill not admit vessels drawing more than 15 or 16 feet water. 

The first Englisliman who explored Hillsborough bay, was a Captain 
Braddock, who commanded a privateer from Virginia, and cruised on the 
west coast of East Florida, in the years 1744 and 1745. 

East Flol*ida must derive its principal importance from its proximity to 
the West India islands, and the great number of harbors and fit stations 
for cruisers which it furnishes among the small islands, and in the reef 
on the edge of the Gulf stream, which is the outlet of the Gulf of Mexico. 

We have not one chart of the coast of East Florida, which can be de- 
pncded upon for accuracy. A survey of the east side of it was submitted, 
by tiie British Government, to Mr. John de Brahm, and tlic west side to 
Mr. George Gauld ; but the labors of those gentlemen have never been 
made public. 

OF POSITIONS FOR MILITAUY WORKS NEAR THE BOUNDARY. 

There are several places on the Mississippi, between the mouth of the 
Ohio and the southern boundary of the United States, that would answer 
very well for military establishments ; but the best appear to be at the 
Chickasaw bluffs, Walrmt hills, and Loftus heights. The two latter ap- 
pear to have the best connnand of the river. At one of the three blufls, 
above the Chickasaw bluffs, (but I cannot recollect which,) a fort might 
be advantageously erected. Fort Prudhomme was built upon the middle 
one. 

It v>ill be difficult to erect works on any part of the Mississippi, below 
the mruth of the Ohio, that will prevent the descent of troops. The rapid- 
ity of tlic v.atcr, and the width of the river, will enable a boat, with some 
exertion, to pass any of the foits with but little if any damage ,; and there 



[ Doc. No. 77. J 115 

is no place where a cross fire could be brought to bear with much advan- 
tage. But the ascent of boats is so slow, that a lew pieces of artillery, 
well directed and served, would stop the progress of any vessel used on the 
river. 

Oil tlje Pearl, or Half-way river, a very short distance above the boun- 
dary, is a commanding eminence, where a fort might be erected that would 
easily prevent the ascent of such boats and pirogues as would be proper 
for that navigation. 

My knowledge of the PavScagoula is too limited to justify an opinion ; 
but, from its distance both from the Pearl and Mobile rivers, and diiect 
communication with the Gulf of Mexico, added to its magnitude, I should 
suppose it worthy of as much, if not more attention, than the Pearl river. 

The Mobile, Tumbeckbec, and Alabama rivers are at this time of much 
more importance to the United States than all the other waters between 
the Mississippi river and the Atlantic Ocean ; being the only rivers which 
are navigable for square rigged vessels from the Gulf of Mexico into that 
part of the United States lying on the north boundary of West Florida. 
But, exclusive of this consideration, there is another, which arises from 
the lands on those rivers being already partially settled, and, at this time, 
the most valuable part of the Union. 

The position of Fort Stoddard, on Ward's bluff, is a very proper one ; 
but the works are neither sufficiently extensive nor strong to oppose an 
enemy possessed of artillery ; and, so long as his Catholic Majesty holds 
West Florida, so long will it be necessary for the United States to be 
formidable in this quarter. 

Any works on the Conecuh will, for some time to come, be unnecessary ; 
there being no inhabitants to protect, nor a sufficient body of Indians re- 
siding on it to make that trade worth attending to. About one mile and a 
half above the boundary, on tlve cast side of the river, there is a place 
where a trader formerly resided, that would answer tolerably well for a 
small military establishment. 

At the confluence of the Chattahoochie and Flint rivers, the lands are 
swampy, and annually inundated, and therefore unfit for military works ; 
but there are several bluffs on the east side of the Chattahoochie, which 
begin about one mile and three-quarters above the mouth of Flint river, 
where works might be advantageously erected. 

On the St. Mary's river we have two military establishments, one at 
Colerain, and the other at the mouth of the river on Point Petre. Neither 
of them ever have, or will be of any advantage, cither in protecting our 
trade or adding security to our citizens ; they possess neither advantage 
of situation, merit in design, nor strength in the execution. The situation 
selected by the very judicious General Oglethorpe, on the south end of 
Cumberland island, where he erected Fort William, appears to be the 
most eligible, and better calculated for a permanent work, to give secu- 
rity to the harbor and sound than any other position about St. Mary's. 

or THE INDIOENOUS PLANTS, SIIRUBBY AND HERBACEOUS. 

Being a very indifferent botanist, I shall be extremely limited on this 
subject, and only note such productions as particularly attracted my at- 
tention for their use, quantity, beauty, or singularity. 

At the mouth of the Ohio, and down the Mississippi swamp, the pre- 



116 [ Doc. No. 77. ] 

vailing timber is cotton wood, (populus deltoida of Marshall,) black wil- 
low, (salix nigra,) black ash, (fraxinus nigra,) sugar maple, (acer sacca 
rum,) — but this is not in great abundance, and becomes more scarce as 
you descend the river : and I do not recollect ever seeing but one tree 
south of the southern boundary — water maple, (acer negundo,) peccan, 
(juglans lUinoinensis,) — this is met with as high as the Wabash, where It 
is scarce, but becomes more abundant from tlience down to the Gulf of 
Mexico — papaw, (annona triloba,) — I have eaten of the fruit in great per- 
fection as early as the 17th July, in the Mississippi Territory ; button 
wood or sycamore, (platanus occidentalis,) hickory, (juglans hickory.) 
The cypress (cupressus disticha) begins to make its appearance about the 
Arkansas, and becomes very abundant a little further south, and appears 
to be inexhaustible before yoti reach the 3 1st degree of north latitude. It 
occupies many parts of the swamp, almost to the exclusion of any other 
timber. The cypress is a very useful wood, and used generally in that 
country for covering, flooring, and finishing tlie buihiings. It grows in 
swamps, marshes, and ponds, but not on liigh land. The stem or body of 
the tree generally rises from the apex of a large conical base, above which 
the workmen have frequently to erect scaffolds before they fall the tree. 
From the roots of the tree fibout this conical base, a number of conical ex- 
crescences are srnt uj), which are called cypress knees ; some of them are 
eight or ten feet high, and, being hollow, are used for bee hives and other 
purposes. The long moss (tinandsia asn^oides) makes its appearance on 
the Mississip])i nearly in the same latitude witli the cypress, and almost 
covers a number of trees before you reach liie Walnut liills. Sweet bay, 
(laurus barbonia.) magnolia grandiflora ; this most splendid and beautiful 
tree I do not recollect seeing above the Walmjt hills, but have no doubt of 
its growing much further north. It is common through all the rich lands 
of JNatchez, and east to the Atlantic. The foregoing trees ap])ear to be 
confined either to very wet or xevy rich land, and will be met with in all 
such places along the boundary and through West Florida, with the ex- 
ception of the peccan, sugar maple, and one or two others. The katalpa 
(bignonia katalpa) is not uncommon, but appeared the most abundant on 
the banks of the Conecuh. The nyssa aquatica is common on the Chat- 
tahoochie, below the boundary. Exclusive of tliose plants, which are 
generally confined to low or very rich groiTnds, the following will be met 
with in various parts of the country : Sassafras, (laurus sassafras,) which 
grows to a large size about the Natchez, sweet gum, (lequiil amber,) com- 
mon swamp gum, (nyssa integrifolia,) holly (ilex opaca) in great abun- 
bance in some parts of the Mississippi Territory, and frequently becomes 
a large tree; persimmon (diospyros Virginiana) very common, locust, (ro- 
bina pscud-acacea,) honey locust, (gleditsia tiraconthus,) black walnut, 
(juglans nigra.) hickory (juglans hickory) of three species, common to 
the middle States : elm, (ulmus Americana,) dogvvood, (cornus Florida,) 
red bud, (cercis Canadensis,) mulberry, (morns rubra,) wild plum, (pru- 
nus Chickasaw,) tulip tree, (liriodendron tulipifera,) white oak, (quercus 
alba,) black oak, (quercus nigra,) swamp oak, (quercus aquatica,) chesnut 
oak, (quercus ])rinos,) with several other species or varieties ; live oak, 
(quercus sempervirens,) this useful timber is much confined to the coast 
and a short distance from it; I do not recollect seeing it in any quantity 
in West Florida as far north as the boundary. Red cedar, (juniperus 
Virginiana,) this is likewise much confined to the coast, and is, in soioe 



[ Doc. No. 77. ] 117 

places, in great abundance ; pine (pinus) of several species, the quantity 
inexhaustible, buckeye, (desculus pavia,) wild ciierry, (prunus Virginiana,) 
great palmetto, or cabbage tree, (corypha, or palmetto of Walter,) cassina 
yapon, (ilex vomitoria,) myraca inadora of Bartram : from the berry of 
this shrub the green wax used in candle making is collected ; these 
two last are confined to the coast. Beech, (fagus ferriiginea,) chesnut, 
(fagus Americana,) cliincopin, (fagus pumila,) spice wood, (laiirus ben- 
zoin,) Bermudian mulberry, (callicarpa Americana,) cane (arundo gigan- 
tea of Walter) extends through all parts of the Mississippi swamp, and oc- 
cupies equally the high as well as low land, from the Walnut hills, down 
the river, to Point Coupee, and, easterly, from fifteen miles to more than 
twenty. The wliole of that high, rich, hilly, and broken triict of country, 
except where the farms are opened, may be considered as one solid cane- 
brake, and is almost impenetrable, but will probably be destroyed in a few 
years by the cattle, hogs, and fires. Its general height is from twenty to 
thirty-six feet, but I have met with it on tlie tops of several hills forty-two 
feet high. Tiie small cane or reed (arundo tecta of Walter) begins to 
make its appearance on the boundary about twenty miles east of the Mis- 
sissippi river, and, with the arundo gigantea or large cane, will be found 
on all the creeks and river bottoms through to the Atlantic. The China 
root (smilax China) and passion flower (passiflora incarnata) are abundant 
in the rich grounds. The sensitive briar (mimosa instia) is common to 
the poor sandy land. Several species of that beautiful and singular plant, 
the caracinia, is f)*equently met with in the margins of swanij)s and low 
grounds ; and three or four handsome sj)ecies of nymphoea are to be found 
in the ponds and still waters about the rivers. Along the watercourses, 
and in the swamps, wliere the land is good, several species of well tasted 
grapes are found in great plenty. Many of the trees in the swamps and 
low grounds are loaded with a variety of vines, the most conspicuous of 
which are the creeper or trumpet-flower (bignonia radicans) and common 
poison vine (rhus radicans.) 



Resolutions of the Legislature oJ^Georgia on the subject of the Florida boun- 
dary. 

In Senate. 

The Committee on the state of the Republic, to which was referred that 
part of the Governor's message which relates to the boundary line be- 
tween the State of Georgia and tiie Territory of Florida, with the ac- 
companying documents, have had the same under consideration, and 
report : 

That the deep interest which the State of Georgia has in the question of 
the final and satisfactory settlement of her boundaries, is such as to impose 
on her constituted authorities the duty of prosecuting the subject to some 
final termination : and at this time your committee believe that the con- 
stituted authorities of this State would be liable to the charge of a dere- 
liction of duty to her citizens, were they to ])crmit the boundary whicli 
separates Georgia from the Territory of Florida, from the junction of the 
Flint and Chattahoochie rivers, thence to the head of the St. Mary's river. 



118 [ Doc. No. 77. ] 

to remain, as it now does, unascertained, and not run and marked. Your 
committee, in again presenting a condensed view of the subject referred to 
their consideration, will purposely be very brief, as the merits of the ques- 
tion have been so often presented to the Federal Government, and parti- 
cularly in the report and resolutions agreed to by tlie General Assembly 
of this State on the 1 6th day of December, 1828, which your committee 
beg may be referred to as presenting most of the evidences on which 
Georgia claims a final settlement of the boundary line between this State 
and the Territory of* Florida. 

By referring to the charter of Georgia which was granted in the year 
17S2 to certain persons, and its surrender to the King of Great Britain 
in the year 1752 by the trustees ; and the proclamation of 1763, establish- 
ing the Government of East and West Florida, and extending the south- 
ern boundary of Georgia, and the commission of Governor Wright, (at 
which time both Georgia and Florida were British colonies or provinces^) 
dated the 20th day of January, 1764 ; the only legitimate inference from 
each of the recited evidences is, that the southern line of Georgia was to 
run from the most southern stream of a river, St. Mary's, and westward 
from thence, and, consequently, leaving the whole of the head waters of 
that river within the boundary of Georgia ; and every other public docu- 
ment which relates to the said boundary, either as a boundary line of the 
United States or the State of Georgia, is in palpable accordance with this 
conclusion, until the year 1800. 

In the year 1795, the Government of the United States and Spain con- 
cluded a treaty, by the second article of whicli it was agreed that a line 
should begin from a point at the junction of the Flint and Chattahoochie 
rivers, and to run from thence to the head of the St. Mary's river. Un- 
der the provisions of the said treaty, commissioners were to be appointed 
to run and- plainly mark said line, and commissioners were accordingly 
appointed ; and, in the year 1800, Mr. Ellicott, the commissioner on the 
part of the United States, and the commissioner on the part of Spain, met, 
and attempted to run and mark the said line from the junction of the Flint 
and Chattahoochie rivers to the head of the St. Mary's ; but, from causes 
which it is now unnecessary to state in detail, the line was not run ; but the 
commissioners fixed on a spot near a branch of the river St. Mary's, and 
erected a mound, and agreed that the mound so erected by them near the 
Okcfenokee swamp should be taken as the true head of the St. Mary's river; 
and that a line should be run from the junction of the Flint and Chatta- 
hoochie rivers to said mound, and that it should be taken as the true line ; 
provided, if said line did not pass within one mile north of said mound, it 
should be correct to carry it to that distance. 

Your committee, after having recited some of the evidences on whicli 
Georgia claims that the boundary line between this State and the Terri- 
tory of Florida has not been cither finally or satisfactorily settled, take 
leave to state, that, until the year 1819, very little was known of the sec- 
tion of country about the head of tho St. Mary's river; the Okefenokee 
swamp, in which it has its head, anterior to that time, was almost an im- 
penetrable wilderness, and was very little known to civilized man ; and that 
the explorations made by the authority of the Legislature of this State, in 
the year 1818, were not intended to do more than to collect information of a 
part of the lands and boundary line of Georgia ; but, since that time, the 
Indian right of occupancy has been extinguished to all ©f the lands in this 



[ Doc. No. 77. ] 119 

State, from the junction of the Flint and Chattahoochie rivers to the head 
of the St. Mary's river; and that section of this State is now generally 
seltled, and the country generally known : it is, therefore, now believed 
that it will not be difficult or uncertain to ascertain the true head of the 
St. Mary's river. Your committee believe the Legislature will not dis- 
charge a duty it owes to the good citizens of this State, without once more 
asking and requesting the Federal Government to co-operate in this de- 
sirable object, and have the said line plainly run and marked. Your com- 
mittee have too much confidence in the authorities of the General Govern- 
ment to indicate an opinion that the rights of Georgia are not attended to, 
from improper considerations. 

The reports made to Congress by the Judiciary Committee, to which 
the subject has been referred ; one on the £lst day of March, 1828, and 
another on the 30th day of Jaimary, 1830, have been carefully examined 
by your committee ; but as the said reports do not contain any new evi- 
dence of the claim on which the United States claim that the mound erect- 
ed by Mr. Ellicott, to be truly and carefully placed at or near the head of 
the St. Mary's river, they have considered it improper at tliis time to make 
any examination of the conclusions arrived at by the arguments relied on 
in said reports. 

In conclusion, your committee are satisfied that it is their duty to state, 
that if the question of settlement of boundary between Georgia and the 
Territory of Florida is not fully and finally settled under the provisions 
of the resolutions which arc attached to this report, no further attempts 
should be made by this State, in the way now sought, to effect the desira- 
ble object ; but that the question ought to be carried for decision before 
the proper judicial tribunal ; and to effect the object embraced in this re- 
port, your committee recommend the adoption of the following resolutions: 

Resolved, That it is the opinion of this Legislature that the dividing 
line between Georgia and Florida ought to be run from the junction of the 
Flint and Chattahoochie rivers to the head of the most southern branch or 
head of St. Mary's river ; and that the said line ought to be marked with- 
out further delay. 

Resolvedf That Congress be earnestly requested, as an act of justice, 
during its present session, to repeal, alter, or amend the act of the 14th 
of May, 1826, which provi>led for the running out and marking the line 
dividing Georgia, from the Territory of Florida ; and to make additional 
and suitable provisions for the appointment of commissioners on the part 
of the United States, to join commissioners on the part oC Georgia, to run 
out and plainly mark the dividing line between the State and the Terri- 
toiy of Florida, agreeably to the second article of the treaty of the 27th of 
October, 1795, between the United States and Spain. 

Resolved, Tliat should commissioners be appointed on the part of the 
United States, during the next session of Congress, to meet commissioners 
on the part of this State, to run out and mark the dividing line between 
Georgia and the Territory of Florida, that, as soon as his Excellency the 
Governor shall or may be informed of the si?me, he be, and he is hci-eby, 
empowered and requested to appoint, without delay, a competent commis- 
sioner, artist, or surveyor, on the part of this State, to meet the commis- 
sioner on the part of the United States ; and that lie open a correspond- 
ence with said commissioner on the part of the United States, requesting 
a meeting of the commissioners on the part of this State and the United 



120 [ Doc. No. 77. J ; 

States, at the earliest day convenient, for the purpose of discharging the 
duties assigned them with the least possible delay. 

Resolved, That if the commissioners on the part of the United States and 
Georgia shall meet agreeably to the provisions of the preceding resolution, 
and shall fail to effect the object of their appointment, that it is desirable 
that they report, and recommend terms and conditions on which the said 
disputed and unsettled line ought to be fully and finally settled. If, there- 
fore, the Federal Government shall give authority to the commissioner 
appointed by said Government to make such recommendations to the said 
Government, that his Excellency the Governor be, and he is hereby, re- 
quested to give to the commissioner on the part of Georgia, instructions to 
join in such recommendation,' if they should agree that the same is just 
and proper. 

Resolved, That should Congress, at its ensuing session, refuse or neglect 
to make provision for running out and plainly marking the said line, by 
the appointment of a commissioner to meet the commissioner who may be 
appointed on tiie part of Georgia, that his Excellency the Governor be, and 
he is hereby, authorized and requested, as soon after the adjournment of 
the next session of Congress as may be consistent, to appoint two commis- 
missioners and an artist and surveyor, to meet as early after their appoint- 
ment as may be convenient, and run out and plainly mark the said line 
dividing Georgia from the Territory of Florida, from the junction of the 
Flint and Chattahoochie rivers to the head of the St. Mary's river, agree- 
ably to the second article of the treaty between the United States and Spain, 
of the 27th day of October, 1795 ; and that his Excellency the Governor 
do, in such case, inform the President of the United States of the time at 
which the commissioners on the part of Georgia will proceed to run out 
and plainly mark said line. 

Resolved, That his Excellency the Governor be requested to forward a 
copy of this report and resolutions to our Senators and Representatives in 
Congress, to be by them laid before Congress early in the ensuing session, 
with a request that they may use, in the most earnest manner, every means 
in their power to get the Government of the United States to meet Geor- 
gia by commissioners, with full power and authority finally to settle this 
long standing and unpleasant controversy. 

Read and agreed to, November 19, 1830. 

THOMAS STOCKS, President. 
Attest : John A. Cuthbeut, Secretary. 

In the House of Representatives — Read and concurred in. 

ASBURY HULL, Speaker. 
Attest : Wm. C. Dawson, Clerk. 

Approved, l6th December, 1830. 

GEORGE R. GILMER, Governor. 



